





I 


















A 


BRIEF EXPOSITION 


OF THE 

CONSTITUTION 

OF 

The United States. 


FOR THE USE OF 



tljools ami Itailttnics, 


BY 

JOHN S. HART, LL.D. 

LATE PROFESSOR OF RHETORIC AND OF THE ENGLISH LANGUAGE AND LITERATURE 
IN THE COLLEGE OF NEW JERSEY; AUTHOR OF A SERIES OF TEXT¬ 
BOOKS ON THE ENGLISH LANGUAGE, ETC., ETC. 



Philadelphia .* 

Eldredge & Brother 


) > 


> 

^ > 


* > 





A SERIES OF TEXT-BOOKS 

ON 


THE ENGLISH LANGUAGE. 

By JOHN S. HART, LE.D. 


Lang'uag’e Lessons for Beg-inners. 
An Elementary English Grammar. 
English Grammar and Analysis. 
First Lessons in Composition. 
Composition and Rhetoric. 

A Class-Book of Poetrv. 







Entered, according to Act of Congress, in the year 1874, by 
ELDREDGE & BROTHER, 

In the Office of the Librarian of Congress, at Washington. 








iViAR 26 1929 









Preface. 




E very man in this country who holds office, whethei 
Executive, Judicial, or Legislative, whether under the 
National Government or any of the State Governments, is 
b )und by oath to support the Constitution of the United 
States. Ever}^ one of the more than two millions w’ho are 
w entitled to vote, is called upon to decide questions of 
( ’onstitutional law, as really and truly as is the Supreme 
^.'ourt of the United States. But how many of all that num- 
r er have ever read the Constitution ? In what proportion 
f our Colleges, Academies, or Common Schools is it studied? 
n what system of education, whether public or private, in 
ny part of the country, is a knowledge of the Constitution 
v<f the country made a requisite for graduation, or for admis¬ 
sion from a lower school to a higher one ? Ask a number of 
boys at school almost any reasonable question in Geography 
or History, and you will see dozens ready to reply without a 
moment’s hesitation. But ask them what will be necessary, 
when they grow up, to entitle them to vote, what constitutes 
citizenship, what rights a citizen of one State has in another 
State, or any other simple and obvious question in regard to 
the 'Constitution of their country, and you will be met with 
a profound silence. And is not a knowledge of his immedi¬ 
ate personal rights and duties quite as important to the young 
American, as to be acquainted with a long catalogue of dead 
kings or distant cities? 

The main reason why the study of the Constitution has 

iii 







IV 


PREFACE. 


never yet been made a branch of Common School education 
is believed to be an entire misapprehension in regard to the 
nature and difficulty of the study. There are, it is true, not 
a few passages in the Constitution, the proper construction 
of which has given rise to much discussion; and there are 
many nice points arising out of its more obvious provisions, 
requiring for their solution great natural abilities and pro¬ 
found legal erudition. But it is still true, that the great ma¬ 
jority of its clauses are as intelligible, and as easily remem¬ 
bered, as most of the studies which now make an essential 
part in every system of education. What difficulty is there 
in a boy’s learning that a Eepresentative is chosen for two 
years, while a Senator is chosen for six; that a Eepresenta¬ 
tive must be twenty-five years old, while a Senator must be 
thirty; to know what body has the power to impeach, and 
what the power to try impeachments; in short, to under¬ 
stand and recollect nine out of ten of all the provisions of 
the Constitution ? Is it one whit more difficult than to com¬ 
prehend and recollect the various details of Geography and 
History, to give otf-hand the position of Timbuctoo or the 
Tagus, or to know in what year Eome was founded or Csesar 
slain ? 

The plan pursued in this little book is in accordance with 
the views here suggested. There has been no attempt to 
discuss knotty political questions, or to speculate upon ab¬ 
stract theories of government, but simply to present the 
Constitution itself, with such questions and answers as might 
direct the attention of the learner to its plain and obvious 
meaning. The Constitution provides for the duties and 
rights of every-day life, and is written in simple language, 
almost entirely free from technical and professional expres¬ 
sions. Is there any reason why children capable of learning, 
and teachers capable of teaching History and Geography, 
might not intelligently study and teach all its material facts 
and provisions, as they are here presented? 



1 


c 


ONTENT 


S. 



INTRODUCTION. —Colonial Governments, p. 9. Conti¬ 
nental Congress, p. 10. Articles of Confederation, p. 11. 

PREAMBLE.—Objects of, p. 11. General principles, p. 12. 

ARTICLE I.—Legislative Department. 

Section I. Congress in general, p. 13. 

Section II. House of Kepresentatives : Clause 1. Organ¬ 
ization of the House, p. 13. Clause 2. Qualifications of Kep¬ 
resentatives, p. 14. Clause 3. Apportionment of Representa¬ 
tives, p. 14. Clause 4. Vacancies, p. 19. Clause 5. Officers, 
and power of Impeachments, p. 19. 

Section III. Senate: Clause 1. Organization of Senate, p. 19. 
Clause 2. Classification and vacancies, p. 21. Clause 3. Quali¬ 
fications, p. 22. Clause 4. Presiding Officers, p. 23. Clause 
5. Other Officers, p. 23. Clause 6. Trial of Impeachments, 
p. 24. Clause 7. Judgment in Impeachments, p. 25. 

Section IV. Both Houses : Clause 1. Election of Members, 
p. 25. Clause 2. Meeting of Congress, p. 26. 

Section V. The Houses separately; Clause 1. Contested 
Seats, Quorum, Powers of a Minority, p. 27. Clause 2. Rules 
. of Proceeding, etc., p. 28. Clause 3. Journal, Yeas and Nays, 
p. 29. Clause 4. Power of Adjournment, p. 30. 

Section VI. Privileges and Disabilities of Members: 
Clause 1. Compensation of Members, p. 30. Freedom from 
Arrest, p. 31. Freedom of Speech, p. 32. Clause 2. Disquall' 
fications of Members, p. 32. 

1 * 


V 










VI 


CONTENTS. 


Section VII. Mode of Passing Laws: Clause 1. Revenue 
Bills, p. 33. Clause 2. The President’s Veto, p. 34. Second 
Passage of a Bill, p. 35. Clause 3. Other Resolutions besides 
Bills, p. 37. 

Section VIII. Powers Granted to Congress: Clause 1. 
Laying Taxes, p. 38. Clause 2. Borrowing Money, p. 40. 
Clause 3. Regulating Commerce, p. 40. Clause 4. Naturali¬ 
zation and Bankruptcy, p. 41. Clause 5. Coinage, Weights 
and Measures, p. 43. Clause 6. Punishment of Counter¬ 
feiting, p. 43. Clause 7. Post-Office, p. 43. Clause 8. Copy¬ 
rights and Patent-Rights, p. 44. Clause 9. District Courts, 
p. 44. Clause 10. Piracy, p. 44. Clause 11. Declaration 
of War, p. 45. Clause 12. The Army, p. 46. Clause 13. 
The Navy, p. 47. Clause 14. Rules for Army and Navy, p. 
47. Clause 15. The Militia, p. 47. Clause 16. Organization 
of do., p. 48. Clause 17. Seat of Government, Dockyards, 
etc., p. 48. Clause 18. General Power, p. 49. 

Section IX. Powers Denied to the United States: 
Clause 1. Importation of Slaves, p. 49. Clause 2. Writs of 
Habeas Corpus, p. 50. Clause 3. Bills of Attainder, ex post 
facto laws, p. 51. Clause 4. Direct Taxes, p. 52. Clause 5. 
Export Duties, etc., p. 52. Clause 6. The Treasury, p. 53. 
Clause 7. Titles of Nobility, etc., p. 53. 

Section X. Powers Denied to the States: Clause 1. 
Treaties, Coinage, etc., p. 54. Clause 2. Duties, Army, Navy, 
etc., p. 55. 

ARTICLE II.-—Executive Department. 
Section I. President and Vice-President: Clause 1. Term 
of Service, etc., p. 57. Clause 2. Presidential Electors, p. 58. 
Clause 3. Mode of choosing President and Vice-President, p. 
58. Amendment to Article XII., p. 59. Clause 4. Time of 
choosing Electors, p. 65. Clause 5. Qualifications for the 
Presidency, p. 66. Clause 6. Vacancy in do., p. 67. Clause 
7. Compensation of the President, p. 67. Clauses 8 and 9. 
Oath of Office, p. 68. 

Section 11. Powers of the President:- Clause 1. Com- 
mander-in-Chief, Pardoning Power, etc., p. 68. Clause 2. 
Treaties, Appointment of Officers, etc., p. 70. Clause 3. Power 
to fill Vacancies, p. 71. 


CONTENTS. 


vii 

Section III. Duties of the President: Messages to Con¬ 
gress, p. 71. Extra Sessions, p. 72. Adjournment, etc., p. 73. 
Section IV. Impeachment of the President, etc. : The 
Officers liable to Impeachment, p. 74. Penalty, p. 74. 

ARTICLE III.— Judicial Department. 
Section I. United States Courts: Supreme Courts, p. 76. 

District Courts, do. Tenure of Office, p. 76. 

Section II. Jurisdiction of the United States Courts : 
Clause 1. Extent of Jurisdiction, p. 76. Amendment, Article 
XI., p.«79. Clause 2. Jurisdiction of the Supreme Court, p. 
79. Clause 3. Mode and Place of Trial, p. 80. 

Section III. Treason: Clause 1. Definition of Treason, p. 81. 
Proof of Treason, p. 82. Clause 2. Punishment of Treason, 

p. 82. 

ARTICLE IV. 

Section I. State Eecords: Credit of State Kecords, p. 83. 
Section II. Privileges of Citizens, etc.: Clause 1. Eights 
of Citizenship, p. 84. Clause 2. Eestoration of Criminals, p. 84. 
Clause 3. Eestoration of persons held to service or labor, p. 85. 

Section III. New States and Territories : Clause 1. Ad¬ 
mission of New States, p. 86. Clause 2. Government of Ter¬ 
ritories, p. 86. 

Section IV. Guarantee to the States : Guarantee of Ee- 
publican Government, p. 87. Protection against Invasion, etc., 
p. 87. 

ARTICLE V.—Power of Amendment. 
Necessity of such a Power, p. 88. Mode of Making Amendments, 
p. 89. Limitation to the Power of Amendment, p. 90. 

ARTICLE VI.—Public Debt, etc. 

Clause 1. Assumption by the United States of the Debts of the 
Confederation, p. 90. Clause 2. Supremacy of the Constitution. 
Laws and Treaties of the United States, p. 91. Clause 3. Oath 
of Office, p. 91. Eeligious Tests, p. 91. 

ARTICLE VII.—Ratification of the Constitution. 

Mode of Eatifying the Constitution, p. 92. 


CONTENTS. 


viii 

AMENDMENTS TO THE CONSTITUTION. 

Article I. Freedom of Keligion, etc. : Freedom of Keligion, 
p. 93. Freedom of Speech, and of the Press, p. 93. 

Article II. Eight to Bear Arms : Eight to bear Arms, p. 94. 

Article III. Quartering Soldiers on Citizens : Origin of 
this provision, p. 94. 

Article IV. Search Warrants ; The right to be free from 
unreasonable searches, p. 94. 

Article V. Trials for Crime, etc. : The Grand Jury, p. 95. 
Mode of Making Indictments, p. 95. Courts-Martial, p. 95. 

Article VI. Eights of Accused Persons : Eight of Trial by 
Jury, etc., p. 96. 

Article VII. Suits at Common Law: Eight of Trial by Jury, 
in Civil Suits, p. 97. 

Article VIII. Excessive Bail : Origin of this provision, p. 97, 

Article IX., X. Mode of construing the Constitution, p. 97. 

Article XL, XII., p. 97. XIII., XIV., p. 98. 

Article XV., p. 99. 




CONSTITUTION 


• OF THE 

UNITED STATES. 

INTRODUCTION. 

1. What kind of government existed in the American Colonies 
prior to the Eevolution ? 

A Colonial Government. 

2. What three forms of colonial government were there ? 

The Provincial, Proprietary, and Charter Governments. 

3. What were the Provincial Governments ? 

The Provincial Governments were those under the 
immediate control of the King of Great Britain. 

4. What were the Proprietary Governments ? 

The Proprietary Governments were those under the 
immediate control of Proprietaries, who received grants 
to that effect in letters patent from the King. 

5. What were the Charter Governments ? 

The Charter Governments were those under the imme¬ 
diate control of the King, but having certain important 
political rights secured to them by charter. 

6. What Colonies, at the time of the Revolution, were under 
Provincial Governments ? 

New Hampshire, New York, New Jersey, Virginia, 
North Carolina, South Carolina, and Georgia. 

9 




10 CONSTITUTION OF THE UNITED STATES. 


7. What Colonies were governed by Proprietaries at the com¬ 
mencement of the Kevolution ? 

Pennsylvania, Delaware, and Maryland. 

8. What Colonies were under Charter Governments at the time 
of the Revolution ? 

Massachusetts, Connecticut, and Rhode Island. 

9. When was a general convention of delegates from the several 
Colonies first called ? 

In September, 1774. 

10. What was this Convention called ? 

The Continental Congress. 

11. What important state paper did the first Continental Con¬ 
gress prepare ? 

The Bill of Rights. 

12. When did the next Congress assemble? 

In May, 1775. 

13. What decisive step did they take ? 

They declared the united colonies independent. 

14. When was the Declaration of Independence adopted ? 

On the 4th of July, 1776. 

15. What powers were assumed by the Continental Congress? 

They assumed all the powers of sovereignty necessary 

to maintain the safety and independence of the united 
colonies. 

16. What v,^as the character of these powers? 

They were revolutionary. 

17. How is the exercise of these powers by the Continental 
Congress justified from the charge of usurpation ? 

The exercise of these powers w^as required by the neces¬ 
sity of the case, and was acquiesced in by the people. 

18. How long did the Continental Congress continue to be the 
National Government ? 

Until March, 1781, near the close of the Revolutionary 
War. 


INTRODUCTION. 


11 


19. What frame of government was then adopted? 

The Articles of Confederation. 

20. What was the great defect in the Articles of Confederation ? 

The want of sufficient power in the General Govern¬ 
ment. 

21. When did the present Constitution go into operation? 

In September, 1788. 

22. What is the introductory paragraph of the Constitution 
called ? 

The Preamble. 

The Preamble. 

“IFe, the People of the United States, in order to form a 
more perfect union, establish justice, insure domestic tran¬ 
quillity, provide for the common defence, promote the gefn^ 
eral welfare, and secure the blessings of liberty to ourselves 
and our posterity, do ordain and establish this Constitution 
for the United States of America.” 

23. What is the main object of the Preamble? 

The main object of the preamble is to set forth the pur¬ 
poses for which the Constitution was adopted. 

24. What were the purposes for which the Constitution was or¬ 
dained and established ? 

1st, To form a more perfect union; 2d, To establish 
justice; 3d, To insure domestic tranquillity; 4th, To pro¬ 
vide for the common defence; 5th, To promote the gen¬ 
eral welfare; and 6th, To secure the blessings of liberty 
to ourselves and our posterity. 

25. Why is this part of the Preamble important ? 

Because the purposes for which the Constitution was 

adopted form a valuable aid in interpreting its principles. 

26. What else is contained in the Preamble ? 

It sets forth the parties who established the Constitu¬ 
tion. 


12 CONSTITUTION OF THE UNITED STATES. 


27. Who are declared in the Preamble to have established the 
Constitution ? 

The people of the United States. 

28. How does the Constitution compare in this respect with the 
Articles of Confederation ? 

The Articles of Confederation emanated from the States; 
the Constitution of the United States emanated directly 
from the People. 

29. Why is this part of the Preamble important ? 

Because it shows the authority upon which the Constitu¬ 
tion rests. 

General Principles. 

30. Into how many departments is the government of the 
United States divided ? 

Into three;— Legislative^ Executive j and Judicial. 

31. What is the Legislative power f 

The power which makes the laws. 

32. What is the Executive power f 

The power which carries the laws into effect. 

33. What is the Judicial power? 

The power which interprets the laws. 

34. What may be remarked in regard to this separation of the 
powers of Government ? 

It is indispensable to the existence of good government. 

35. What kind of government is that in which these powers 
are all vested in the same hands? 

It is an absolute government, or despotism. 

36. Why is such a government dangerous? 

Because it gives no security against the abuse of power. 

37. To what do the three main articles of the Constitution relate? 

To the distribution of the powers of government among 

the three departments, the Legislative, the Executive, and 
the Judicial. 

38. To what does Article I. relate? 

To the Legislative Department. 


LEGISLATIVE DEPARTMENT. 


13 


ARTICLE I. 

THE LEGISLATIVE DEPARTMENT. 

Section I.—Congress in general. 

''All legislative powers herein granted, shall he vested in 
a Congress of the United States, which shall consist of a 
Senate and House of Representatives” 

39. To what does this section relate ? 

To the establishment of the National Legislature. 

40. In what body are the legislative powers of the United 
States vested? 

All Legislative powers granted in this Constitution are 
vested in a Congress of the United States. 

41. Of what does the Congress of the United States consist? 

Of a Senate and House of Representatives. 

42. What advantage is there in dividing the legislative body 
into two branches? 

The two Houses of Congress act as a check upon each 
other. 

43. Repeat Section I. 

-- 

Section II.—House of Representatives. 

Clause I. "The House of Representatives shall he com¬ 
posed of members chosen every second year hy the people 
of the several States, and the electors in each State shall 
have the qualifications requisite for electors of the most 
numerous branch of the State legislature.” 

44. To what does this clause refer? 

To the organization of the House of Representatives. 

45. How often are the members of the House of Representa¬ 
tives chosen ? 

Every second year. 

2 


14 CONSTITUTION OF THE UNITED STATES. 


46. Why is a comparatively short term of service fixed for the 
House of Representatives ? 

That they may come more frequently and more di¬ 
rectly under the supervision of popular opinion. 

47. By whom are they chosen ? 

By the People of the several States. 

48. What qualifications are requisite to enable a citizen in any 
State to vote for members of the National House of Representa¬ 
tives ? 

The same qualifications which are necessary to enable 
him to vote for the most numerous branch of the State 
legislature. 

49. Repeat the words of Clause I. 

Clause II. “No person shall he a Representative^ icho 
shall not have attained the age of twenty-jive years, and 
been seven years a citizen of the United States, and ivho 
shall not, when elected, he an inhabitant of that State in 
which he shall he chosen^ 

50. To what does this clause relate ? 

To the qualifications of the Representatives. 

51. How old must a Representative be? 

No person shall be a Representative, who shall not have 
attained the age of twenty-five years. 

52. How long must he have been a citizen of the United States ? 

Seven years. 

53. What is necessary in regard to residence ? 

He must, when elected, be an inhabitant of that State 
in which he is chosen. 

54. Repeat the words of Clause II. 

Clause III. “Representatives and direct taxes shall he 
apportioned among the several States which may he in¬ 
cluded within this Union, accordmg to their respective num- 


HOUSE OF REPRESENTATIVES. 


15 


hers, which shall he determined hy adding to the whole 
number of free persons, including those hound to service 
for a term of years, and excluding Indians not taxed, three- 
fifths of all other persons. The actual enumeration shall 
be made within three years after the first meeting of the 
Congress of the United States, and within every subsequent 
term of ten years, in such manner as they shall hy law 
direct. The number of Representatives shall not exceed 
one for every thirty thousand, hid each State shall have at 
least one Representative; and until such enumeration shall 
he made, the State of New Hampshire shall he entitled to 
choose three, MassaUiusetts eight, Rhode Island and Prov¬ 
idence Plantations one, Connecticxd five. New York six. 
New Jersey four, Penxisylvania eight, Delaware one, Mary¬ 
land six, Virginia ten. North Carolina five. South Caro¬ 
lina five, and Georgia three.” 

55. To what does tliis clause relate ? 

To the Apportionment of Representatives and direct 
taxes among the States. 

56. In what manner are Representatives and direct taxes ap¬ 
portioned among the several States ? 

According to their respective numbers. 

57. In determining the number to be represented in the differ¬ 
ent States, are any counted besides free persons ? 

Yes. 

58. Who are meant by “ those bound to service for a term of 
years” ? 

Apprentices. 

59. What is provided in regard to apprentices ? 

They are included in the number of free persons. 

60. What is provided in regard to Indians ? 

Indians not taxed are to be excluded from the number 
of free persons. 


16 CONSTITUTION OF THE UNITED STATES. 


61. How then is the whole number of free persons to be ob¬ 
tained ? 

By including in that number apprentices, and exclud¬ 
ing Indians not taxed. 

-A 

62. When the whole number of free persons is thus ascertained, 
what must be added in order to determine the number to be rep¬ 
resented ? 

Three-fifths of all other persons. 

63. Who are particularly meant by “other persons”? 

Slaves. N. B. This part of the clause has been re¬ 
pealed by the adoption of the Fourteenth Amendment. 

64. Kepeat that part of the 3d clause which relates to the mode 
of apportioning the Kepresentatives among the States, after the 
enumeration. 

“ Representatives and direct taxes shall be apportioned 
among the several States which may be included within 
this Union, according to their respective numbers, which 
shall be determined by adding to the whole number of 
free persons, including those bound to service for a term 
of years, and excluding Indians not taxed, three-fifths of 
all other persons.” 

65. When was the first enumeration to be made ? 

Within three years after the first meeting of Congress. 

66. When was it actually made ? 

In 1790. 

67. How often was the census to be taken afterwards ? 

Once in every ten years. 

68. How was the enumeration to be made ? 

In such a manner as Congress should, by law, direct. 

69. Repeat that part of the Apportionment clause which re¬ 
lates to the time and mode of making the enumeration. 

“ The actual enumeration shall be made within three 
years after the first meeting of the Congress of the 
United States, and within every subsequent term of ten 
years, in such manner as they shall by law direct.” 


HOUSE OF REPRESENTATIVES. 17 


70. Eepeat that part of the Apportionment clause which limits 
the number of Representatives. 

“ The number of Representatives shall not exceed one 
for every thirty thousand, but each State shall have at 
least one Representative.” 

71. How many Representatives was each of the States entitled 
to choose until the first enumeration should be made ? 


The State of New Hampshire was entitled to choose 3 


Massachusetts 
Rhode Island and Providence Plantations 
Connecticut . 

New York 


New Jersey . 
Pennsylvania 
Delaware 
Maryland 
Virginia 
North Carolina 
South Carolina 
Georgia. 


72. When was the last apportionment made? 

In 1882. 


Total, 


8 
1 

. 5 
. 6 
. 4 
. 8 
. 1 
. 6 
. 10 
. 5 
. 5 
._3 
*65 


73. By what census is that apportionment determined? 

By the census of 1880. 

74. What is the ratio of representation under that apportion¬ 
ment ? , 

One Representative for every 151,912 inhabitants. 

75. What is the present whole number of Representatives under 
this apportionment? 

Three hundred and twenty-five. 


* The original apportionment is given for reference merely, because 
it is included in the body of the Constitution. The present apportion¬ 
ment (p. 18), however, should be learned instead of the original one. 
2* B 








18 CONSTITUTION OF THE UNITED STATES. 


Admitted into 
the Union. 


1. New York has 

34 representatives. 

.... 1776 

2. Pennsylvania . 

. 28 

H 

.... 1776 

3. Virginia . . . 

. 10 

u 

.... 1776 

4. Massachusetts . 

. 12 

a 

.... 1776 

5. Georgia .... 

. 10 

a 

.... 1776 

6. North Carolina 

. 9 

a 

.... 1776 

7. Maryland 

. 6 

it 

.... 1776 

8. New Jersey . . 

. 7 

n 

.... 1776 

9. CoTinecticut . . 

. 4 

u 

.... 1776 

10. South Carolina 

. 7 


.... 1776 

11. New Hampshire 

. 2 

n 

.... 1776 

12. Delaware . . . 

. 1 

a 

.... 1776 

13. Ehode Island . 

. 2 

a 

.... 1776 

14. Vermont . . 

. 2 

a ^ ^ 

.... 1791 

15. Kentucky . . 

. 11 

n 

.... 1792 

16. Tennessee . . 

. 10 

u 

.... 1796 

17. Ohio. 

. 21 

if 

.... 1802 

18. Louisiana . 

. 6 

u 

.... 1812 

19. Indiana .... 

. 13 

u 


20. Mississippi . . 

7 

if 

.... 1817 

21. Illinois .... 

. 20 

ff 

.... 1818 

22. Alabama . . . 

. 8 

fi 

.... 1819 

23. Maine .... 

. 4 

f< 

. . . 1820 

24. Missouri . . . 

. 14 

if 

.... 1821 

25. Arkansas . . . 

5 

if 

.... 1836 

26. Michigan . . 

. *11 

if 

.... 1837 

27. Florida .... 

o 

fi 

.... 1845 

28. Iowa. 

. 11 


. . . 1845 

29. Texas . . . 

. 11 

if 

.... 1845 

30. Wisconsiti 

. 9 


.... 1848 

31. California . . . 

. 6 

(f 

. . . 1850 

32. Minnesota . . 

. 5 

if 

.... 1858 

33. Oregon .... 

. 1 


. . 1859 

34. Kansas . . 

7 

ft 

.... 1860 

35. West Virginia 

. 4 

if 

.... 1862 

36. Nevada .... 

. 1 

it 


37. Nebraska 

. 3 

if 

.... 1867 

38. Colorado . . . 

. 1 

if 

.... 1876 

39. North Dakota . 

. 1 

if 


40. South Dakota . 

. 2 

if 

.... 1889 

41. Montana . . 

. 1 

if 

. . 1889 

42. Washington . 

. 1 

if 


43. Idaho. 

. 1 

if 


44. Wyoming . . . 

. 1 


. . . 1890 



























































Utah was admitted into the Union as a State, January 4, 1896. 
There are now 357 re])resentatives in Congress, and three terri¬ 
torial delegates. 














SENATE. 


19 


Clause IV. ''When vacancies happen in the representa¬ 
tion from any State, the executive authority thereof shall 
issue writs of election to fill such vacancies” 

78. To what does this clause relate? 

To filling vacancies in the House of Representatives. 

79. How are the vacancies in the Representation from any 
State to be filled ? • 

The Executive of that State shall issue writs of elec¬ 
tion to fill such vacancies. 

80. Repeat the words of Clause IV. 

Clause V. “ The House of Representatives shall choose 
their Speaker and other officers; and shall have the sole 
power of impeachment.” 

81. How are the Speaker and other officers of the House ap¬ 
pointed ? 

By the House itself 

82. Why is it important that the Speaker and other officers 
should be chosen by the House ? 

It gives the House a more efficient control over its 
oflicers. 

83. What is the power of impeachment ? 

It is the right which the Representatives have to bring 
an accusation against high officers of government, for 
maladministration of office. 

84. Are impeachments tried by the House? 

They are not; they are tried by the Senate. 

85. Repeat Clause V. 

Section HI.—Senate. 

Clause I. “ The Senate of the United States shall be 
composed of two Senators from each State, chosen by the 
Legislature thereof, for six years; and each Senator shall 
have one vote.” 


20 CONSTITUTION OF THE UNITED STATES. 


86. To what does this clause relate ? 

To the organization of the Senate. 

87. What advantage is to be derived from dividing the legisla¬ 
tive body into two branches ? 

The two Houses act as a check upon each other. 

88. How is this check most effectually secured? 

By making the two Houses dissimilar in their organ¬ 
ization. 

89. In what respects is the organization of the Senate different 
from that of the House of Representatives ? 

The Senate differs from the House of Representatives 
in regard to the number of members, the mode of elec¬ 
tion, and the term of service. 

90. Of how many members is the Senate composed ? 

Of two from each State, or eighty-eight in all. 

91. How are the Senators chosen? 

By the Legislatures of the several States. 

92. How do they differ in this respect from the Representatives ? 

The Representatives are chosen by the people of the 

States. 

93. For what time are the Senators chosen ? 

For six years. 

94. How do they differ in this respect from the Representatives ? 

The Representatives are chosen for only two years. 

95. Why is a comparatively long term of service fixed for the 
Senators ? 

That they may serve as a check upon the sudden fluc¬ 
tuations of popular opinion, to which the other branch 
of the Legislature is liable. 

96. In what manner do the Senators vote ? 

Each Senator has one vote. 

97. How did the Continental Congress vote ? 

By States; the Representatives from each State having 
but one vote. 

98. Repeat Clause I. 


SENA TE. 


21 


Clause II. ''Immediately after they shall he assembled, 
in consequence of the first election, they shall he divided, 
as equally as may he, into three classes. The seats of the 
Senators of the first class shall he vacated at the expira¬ 
tion of the second year; of the second class, at the expi¬ 
ration of the fourth year; and of the third class, at the ex¬ 
piration of the sixth year; so that one-third may he chosen 
every second year; and if vacancies happen by resignation, 
or otherwise, during the recess of the legislature of any 
State, the executive thereof may make temporary appoint¬ 
ments until the next meeting of the legislature, which shall 
then fill such vacancies.^’ 

99. To what does the first part of this clause relate? 

To the division of the Senators into classes. 

100. Into how many classes were the Senators divided ? 

Three. 

101. How long did the Senators of each class hold their seats? 

Those of the first class held their seats for two years, 

those of the second class for four years, and those of the 
third class for six years. 

102. What proportion of the Senators, in consequence of this 
arrangement, is chosen every second year ? 

One-third. 

103. What is the object of this arrangement? 

By means of this arrangement, one branch of the 
Legislature always contains a considerable number of 
members well versed in the public business. 

104. Kepeat that part of the clause which relates to the ar¬ 
rangement of the Senators into classes. 

“ Immediately after they shall be assembled, in conse¬ 
quence of the first election, they shall be divided, as 
equally as may be, into three classes. The seats of the 
Senators of the first class shall be vacated at the expira¬ 
tion of the second year; of the second class, at the expi- 


22 CONSTITUTION OF THE UNITED STATES. 


ration of the fourth year; and of the third class, at the 
expiration of the sixth year; so that one-third may be 
chosen every second year.” 

105. To what does the latter part of the clause relate? 

To filling vacancies. 

106. How are vacancies in the Senate filled? 

By the appointment of the Legislature of the State in 
whose representation the vacancy may exist. 

107. If the vacancies happen during the recess of the legisla¬ 
ture of the State, how shall they be filled ? 

The Executive of the State may make temporary ap¬ 
pointments until the next meeting of the Legislature. 

108. Kepeat that part of the clause which relates to vacancies. 

“ If vacancies happen by resignation, or otherwise, 

during the recess of the Legislature of any State, the 
Executive thereof may make temporary appointments 
until the next meeting of the Legislature, which shall 
then fill such vacancies.” 

Clause III. “ No person shall be a Senator who shall 
not have attained-to the age of thirty years, and been nine 
years a citizen of the United States, and who shall not, 
when elected, be an inhabitant of that State for which he 
shall be chosen.''^ 

109. To what does this clause relate? 

To the qualifications of the Senators. 

110. How old must a Senator be? 

At least thirty years. 

111. How long must he have been a citizen of the United States ? 

At least nine years. 

112. What is required in regard to residence? 

He must, at the time of his election, be an inhabitant 
of that State for which he shall be chosen. 


SENATE, 23 

113. In what respects do the qualifications of a Senator differ 
from those of a Representative ? 

A Senator must be thirty years old, and have been a 
citizen nine years, a Representative need be only twenty- 
five years old, and have been a citizen only seven years. 

114. Repeat Clause III. 

Clause IV. “The Vice-President of the United States 
shall be President of the Senate^ hut shall have no vote, 
unless they be equally divided.^’ 

115. To what does this clause relate? 

To the Presiding Officer of the Senate. 

116. Who is constituted President of the Senate? 

The Vice-President of the United States. 

117. When is he entitled to vote? 

Only when the Senate is equally divided. 

118. Why was not the Senate allowed to choose a presiding 
officer from its own members? 

For fear of giving too much inffuence to that State 
whose Senator should be selected to preside. 

119. Why is there not the same danger in the House of Repre¬ 
sentatives ? 

Because the House of Representatives is so much more 
numerous. 

120. Repeat Clause IV. 

Clause V. The Senate shall choose their other offi¬ 
cers, and also a President pro tempore, in the absence 
of the Vice-President, or when he shall exercise the office 
of President of the United States.” 

121. To what does this clause relate? 

To the appointment of the other officers of the Senate. 

122. How are these officers chosen? 

By the Senate itself*. 


24 CONSTITUTION OF THE UNITED STATES. 


123. When do they choose a President pro tempore? 

When the President of the Senate is absent, or exercises 
the office of President of the United States. 

124. Repeat Clause V. 

Clause VI. ‘‘The Senate shall have the sole power to 
try all impeachments. When sitting for that purpose, 
they shall he on oath or affirmation. When the President 
of the United States is tried, the Chief Justice shall pre¬ 
side; and no person shall he convicted without the concur¬ 
rence of two-thirds of the members presenV^ 

125. To what does Clause VI. relate ? 

The trial of impeachments. 

126. By whom are impeachments to be tried ? 

By the Senate only. 

127. Why could not impeachments be tried by the Supreme 
Court ? 

Because the questions involved are of a political rather 
than of a legal character. 

128. In what respect does the Senate, when sitting for the trial 
of impeachments, deviate from its usual mode of proceeding ? 

When sitting for the trial of impeachments, the Senate 
shall be on oath or affirmation. 

129. What is the object of this provision? 

To give greater solemnity to the proceedings. 

130. Who shall preside in the Senate on the trial of the Presi¬ 
dent of the United States ? * 

The Chief Justice. 

131. What is necessary in order to convict a person on im¬ 
peachment ? 

The concurrence of two-thirds of the members present. 

132. Why should not the verdict be unanimous, as in a trial by 
jury? 

In consequence of the influence of political feelings, few 
persons could ever be convicted. 


BOTH HOUSES. 


25 


133. Why should not a bare majority be sufficient to convict ? 
In consequence of the influence of political feelings, few 

persons would ever be safe from conviction. 

134. Repeat Clause VI. 

Clause VII. Judgment in cases of impeachment shall 
not extend further than to removal from office, and disqual¬ 
ification to hold and enjoy any office of honor, trust, or 
profit, under the United States; hut the party convicted 
shall, nevertheless, he liable and subject to indictment, trial, 
judgment, and punishment, according to law.” 

135. To what does this clause relate ? 

To the judgment to be rendered in cases of impeach¬ 
ment. 

136. How is the judgment, in cases of impeachment, limited? 
It shall not extend further than to removal from office, 

and disqualification to hold office under the United States. 

137. Are those convicted on impeachment liable to suffer no 
other punishment ? 

They are afterwards liable to indictment, trial, judg¬ 
ment and punishment, according to law, before the ordi¬ 
nary courts of justice. 

138. Repeat Clause VII. 


Section IV.—Both Houses. 

Clause I. “ The times, places, and manner, of holding 
elections for Senators and Representatives, shall he pre- 
scrihed in each State hy the Legislature thereof: hut the 
Congress may at any time, by law, make or alter such reg¬ 
ulations, except as to the places of choosing Senators.” 

139. To what does this clause relate ? 

The election of Members of Congress. 


26 CONSTITUTION OF THE UNITED STATES. 


140. In whom is the power of regulating tlieir election vested? 

Ill the Legislature of each State. 

141. In Avhat particulars may the Legislature of each State regu¬ 
late the election of Members of Congress ? 

They may prescribe the times, places, and manner of 
holding the election. 

142. Why should these particulars be determined in the several 
States by their own Legislatures ? 

Because the people of the several States can judge 
best in regard to their own local conveniences. 

143. What power has Congress in the matter ? 

Congress may by law, make or alter such regulations, 
except as to the place of choosing Senators. 

144. Why is the power of making or aliering these regulations 
given to Congress? 

Because the State Legislatures might neglect to pro¬ 
vide duly for such elections, or might make such pro¬ 
visions as would embarrass the operation of the General 
Government. 

145. Why is not the 'place of choosing Senators also left to the 
discretion of Congress ? 

Because the Senators are elected by the State Legisla¬ 
tures, whose place of meeting is left to be decided by 
their own convenience, with respect to their ordimiry 
duties. 

146. Repeat Clause I. 

Clause II. ‘‘The Congress shall assemble at least once 
in every year, and such meeting shall he on the first Mon¬ 
day in December, unless they shall by law appoint a dif¬ 
ferent day.” 

147. To what does this clause refer? 

To the assembling of Congress. 


THE HOUSES SEPARATELY. 


27 


148. How often shall Congress assemble ? 

The Congress shall assemble at least once in every year. 

149. What day is fixed for the meeting of Congress? 

The first Monday of December, unless they, by law, 
appoint a different day. 

150. What would have been the consequence of omitting to make 
in the Constitution any provision in regard to the meeting of Con' 
gress ? 

The time of assembling would have been left to the 
determination of Congress itself, or of some other depart¬ 
ment of the government. 

151. What danger would there have been in this? 

In times of corruption, or usurpation. Government 
might omit or postpone the meeting of Congress, for the 
purpose of preventing a redress of grievances. 

152. Repeat Clause II. 

Section V.—The Houses separately. 

Clause I. “ Each House shall he the judge of the elec¬ 
tions, returns, and qualifications of its owyi members, and 
a majority of each shall constitute a quorum to do busi¬ 
ness; but a smaller number may adjourn from day to day, 
and may be authorized to compel the attendance of absent 
members, in such manner, and under such penalties, as 
each House may provide.” 

153. To what does the first part of this clause relate? 

To the mode of ascertaining the right of any one to a 
seat in Congress. 

154. Who are to judge of the right of any one to a seat in either 
House ? 

Each House is the judge of the elections, returns, and 
qualifications of its own members. 


28 CONSTITUTION OF THE UNITED STATES. 


155. Why should each House have the exclusive right to judge 
of the qualifications of its members ? 

Because in no other way could it maintain the neces¬ 
sary degree of independence. 

156. To what does the next item in this clause relate? 

To a quorum. 

157. What is a quorum ? 

The number of any assembly necessary to transact 
business. 

158. Why is it necessary to forbid the transaction of business 
unless there is a certain number of the members present ? 

To prevent laws being passed by stealth, when, by 
some accident, only a small portion of the legislators are 
])resent. 

159. What number of each House of Congress is necessary to 
constitute a quorum ? 

A majority. 

160. What powers have a smaller number than the majority ? 

They may adjourn from day to day, and may be author¬ 
ized to compel the attendance of absent members, in such 
manner and under such penalties as each House may 
provide. 

161. Why is this power given to the minority of a Legislative 
Assembly ? 

Otherwise it would be in the power of a portion of the 
members, by voluntarily absenting themselves, to suspend 
legislation. 

162. Repeat Clause I. 

Clause II. “ Each House may detemiine the rules of 
its proceedings, punish its members for disorderly beha¬ 
vior, and, with the concurreyice of two-thirds, expel a 
member.’’ 


THE HOUSES SEPARATELY. 


29 


163. To what does this clause relate? 

To the maintenance of order. 

164. Who determines the rules of proceeding in Congress? 

Each House may determine its own rules of pro¬ 
ceeding. 

165. What means has each House for enforcing its rules? 

Each House has the powder to punish its own members 

for disorderly behavior; and, with the consent of two- 
thirds, to expel a member. 

Clause III. “ Each house shall keep a journal of its 
proceedings, and, from time to time, publish the same, 
excepting such parts as may, in their judgment, require 
secreey; and the yeas and nays of the members of either 
House, on any question, shall, at the desire of one-fifth 
of those present, be entered on the journal.” 

166. What is the object of the first part of this clause? 

To ensure publicity to all the Acts of Congress. 

167. How is the publicity of the proceedings in Congress 
secured ? 

By compelling each House to keep a journal of its 
proceedings, and to publish the same from time to time. 

168. How much of its Journal is each House required to 
publish ? 

All except such parts as may, in their judgment, re¬ 
quire secrecy. 

169. To what does the latter part of the clause relate? 

The responsibility of individual members for their 
votes. 

170. How is responsibility of individual members secured? 

By requiring the yeas and nays to be taken on any 

question, at the desire of one-fifth of the members pres¬ 
ent. 


3 * 


30 CONSTITUTION OF THE UNITED STATES. 


171. What is meant by taking the yeas and nays on any 
question ? 

Recording on the journal tlie names of those who vote 
on each side, and not merely the number of votes. 

172. Repeat Clause III. 

Clause IV. ‘^Neither House, during the session of Con¬ 
gress, shall, without the consent of the other, adjourn for 
more than three days, nor to any other place than that 
in ivhich the two Houses shall he sitting’^ 

173. What does this clause contain? 

Restrictions upon the power of adjournment. 

174. What is the object of these restrictions? 

To prevent either House from interrupting the regular 
course of legislation. 

175. For how long a time may either House adjourn without 
the consent of the other ? 

For three days. 

176. How else is each House limited with regard to its own 
adjournment ? 

It cannot adjourn to any other place than that in 
which the two Houses may be sitting. 

177. Repeat Clause IV. 


Section VI.—Privileges and Disabilities of 
Members. 

Clause I. “ r/ie Senators and Representatives shall re¬ 
ceive a compensation for their services, to he ascertained 
hy law, and paid out of the Treasury of the United States. 
They shall, in all cases, except treason, felony, and breach 
of the peace, he privileged from arrest during their attend¬ 
ance at the session of their respective Houses, and in going 
to, and returning from, the same; and for any speech or 


PRIVILEGES AND DISABILITIES OF MEMBERS. 31 


debate in either House, they shall not he questioned in any 
other place.” 

178. To what does the first part of this clause refer? 

To the compensation of Members of Congress. 

179. What provision is made for this? 

Members of Congress shall receive a compensation for 
their services, to be ascertained by law, and paid out of 
the treasury of the United States. 

180. What objection has been made to giving a compensation 
to Members of Congress ? 

Some have feared it might lead unworthy persons to 
seek the office for mercenary motives. 

181. What reason has been assigned for giving a compensation? 

The expenses of the office might deter men of talent 

and worth from seeking it, and so give an undue advan¬ 
tage to men of wealth. 

182. To what does the next part of this clause relate? 

Freedom from arrest. 

183. How far do Members of Congress enjoy the privilege of 
freedom from arrest ? 

During their attendance at the session of their re¬ 
spective Houses, and in going to and returning from 
the same. 

184. What exception is made to this privilege ? 

Members are not privileged in cases of treason, felony, 

and breach of the peace. 

185. What is the object of exempting a Member of Congress 
from arrest? 

To prevent his constituents from being deprived of 
their right of Representation. 

186. To what does the latter part of this clause refer? 

To the freedom of debate. 


32 CONSTITUTION OF THE UNITED STATES. 


187. What privilege do Members of Congress enjoy in this 
respect ? 

For any speech or debate in either House, they shall 
not be questioned in any other place. 

188. What is the object of this privilege? 

To secure the utmost freedom in discussing the public 
interests. 

189. What means are there of preventing members from 
abusing the privilege of freedom in debate ? 

For any abuse of this privilege, the members are ac¬ 
countable to the House to which they belong. 

190. Repeat Clause I. 

Clause II. “ No Senator or Representative shall, dur¬ 
ing the time for which he was elected, he appointed to any 
civil office under the authority of the United States, which 
shall have been created, or the emoluments whereof shall 
have been increased, during such time; and no person, 
holding any office under the United States, shall be a mem¬ 
ber of either House during his continuance in office” 

191. To what does this clause relate? 

To the disabilities of Members of Congress. 

192. To what offices are the Senators and Representatives in¬ 
eligible, during the time for which they were elected to Con¬ 
gress ? 

They are ineligible to any civil office, under the au¬ 
thority of the United States, which shall have been 
created, or the emoluments whereof shall have been 
increased during such time. 

193. May Members of Congress be appointed to offices already 
existing ? 

They may, provided the emoluments of the same are 
not increased during the time for which said members 
were elected. 


MODE OF PASSING LAWS. 


33 


194. What is the object in excluding Members of Congress from 
being appointed to new offices, or to those whose emoluments are 
increased during their term of membership ? 

That they may not be induced to vote for such offices, 
or such increase of the emoluments of the same, for the 
sake of being appointed to them. 

195. To what other disability are Members liable? 

They cannot at the same time be Members of Congress, 
and hold office under the United States. 

196. If a Member of Congress be appointed to any office under 
the United States, what must he do before he can accept it ? 

He must first resign his seat in Congress. 

197. If any person holding office under the United States, 
wishes to become a Member of Congress, what must he do ? 

He must first resign his office. 

198. Kepeat Clause II. 

Section VII.—Mode of Passing Laws. 

Clause I. ^‘All hills for raising revenue shall originate 
in the House of Representatives; hut the Senate may pro- 
pose or concur with amendments, as on other hills.” 

199. To what does this clause relate? 

To Revenue Bills. 

200. Where must all Bills for raising a revenue originate? 

In the House of Representatives. 

201. Why is the power of originating Bills for revenue confined 
to the House of Representatives ? 

Because they are the more immediate Representatives 
of the people. 

202. Has the Senate no power over a revenue bill ? 

They may propose amendments to it, as to other bills. 

203. Repeat Clause I. 

C 


84 CONSTITUTION OF THE UNITED STATES. 


Clause II, Every hill which shall have parsed the 
House of Representatives and the Senate, shall, before it 
become a law, be presented to the President of the United 
States; if he approve, he shall sign it, but if not, he shall 
return it, with his objections, to that House in which it shall 
have originated, who shall enter the objections at large on 
their journal, and proceed to reconsider it. If, after such 
reconsideration, two-thirds of that House shall agree to pass 
the bill, it shall be sent, together with the objections, to the 
other House, by which it shall likewise he reconsidered, 
and, if approved by two-thirds of that House, it shall be¬ 
come a law. But in all such cases the votes of both Houses 
shall be determined by yeas and nays, and the names of the 
persons voting for and against the bill shall be entered on 
the journal of each House, respectively. If any bill shall 
not be returned by the President within ten days (Sundays 
excepted^ after it shall have been presented to him, the same 
shall be a law, in like manner as if he had .signed it, unlest 
the Congress, by their adjournment, prevent its return, in 
which case it shall not be a law.” 

204. To what does this clause refer ? 

To the power of the President over the passage of a bill. 

205. After a hill has passed both Houses of Congress, what must 
be done with it ? 

It must be presented to the President. 

206. What is still necessary before it can become a law ? 

The President must approve and sign it. 

207. What must the President do if he does not approve it? 

He must return it, with his objections. 

208. To which House must it be returned ? 

To the House in which it originated. 

209. What is this power of the President, of objecting to the 
passage of a Bill, called ? 

The Veto power. • . 


MODE OF PASSING LA WS. 


35 


210. What is the meaning of the word veto ? 

I forbid. 

211. From whom are both the word and the custom derived ? 

From the Romans, where the Tribunes of the People 

had the power of forbidding the passage of any law. 

212. What is the object of vesting this power in the hands of 
the President ? 

It is intended to act as a check upon improper legisla¬ 
tion. 

213. Why would a President be likely to view a Bill differently 
from Congress ? 

Because of the difference in the nature of his office, 
and in the mode of his appointment. 

214. In what important particulars may the Veto power be use¬ 
ful? ^ 

In resisting encroachments of the Legislature upon the 
other departments of Government, and in preventing im¬ 
mature and hasty legislation. 

215. When the President has returned a Bill, with his objec¬ 
tions, to the House in which it originated, what must they do ? 

They shall enter the objections of the President at 
large on their journals, and proceed to reconsider it. 

216. If, on reconsideration by the House in which it originated, 
the' Bill receives a vote of less than two-thirds, what becomes of it ? 

It is lost. 

217. If it is repassed by a vote of two-thirds of that House, 
what is next to be done ? 

They shall send it, together with the President’s objec’ 
tions, to the other House. 

218. What shall the other House do? 

They shall likewise proceed to reconsider it. 

219. If they fail to pass it by a vote of two-thirds, what becomes 
of it? ; 

It is lost. 


36 CONSTITUTION OF THE UNITED STATES. 


220. If they also, on reconsideration, pass it by a vote of two- 
thirds, what becomes of it ? 

It becomes a law, without the signature of the Presi¬ 
dent. 

221. Why might not a Bill, which passed originally by a vote 
of two-thirds of both Houses, become a law at once, without the 
signature of the President ? 

Because members might change their opinions after re¬ 
ceiving the objections of the President. 

222. How shall the votes of the two Houses on a Bill which 
has been vetoed, be determined ? 

By yeas and nays; the names of the persons voting for 
and against the bill being entered on the journal of each 
House respectively. 

223. In what other way may a Bill become a law without the 
signature of the President ? 

If the President neglects or reftises to return it wdthin 
ten days (Sundays excepted) after it shall have been 
presented to him, the same shall be a law in like manner 
as if he had signed it. 

224. What exception is made to this provision ? 

If Congress, by their adjournment before the expira¬ 
tion of the ten days, prevent its return, it shall not become 
a law. 

225. Eepeat that portion of the second clause which relates to 
the approval or veto of a BiU. 

“ Every bill, which shall have passed the House of 
Representatives and the Senate, shall, before it become a 
law, be presented to the President of the United States; 
if he approve, he shall sign it, but if not, he shall return 
it, with his objections, to that House in which it shall have 
originated, who shall enter the objections at large on their 
journal, and proceed to reconsider it.*’ 


MODE OF PASSING LAWS. 37 

226. Repeat that portion which relates to the second passage of 
a Bill, after it has been vetoed. 

“ If, after such reconsideration, two-thirds of that House 
shall agree to pass the bill, it shall be sent, together with 
the objections, to the other House, by which it shall like¬ 
wise be reconsidered, and if approved by tw'O-thirds of 
that House, it shall become a law.” 

227. Repeat the portion which relates to the recording of the 
vote. 

“ In all such cases the votes of both Houses shall be 
determined by yeas and nays, and the names of the per¬ 
sons voting for and against the bill shall be entered on 
the journal of each House, respectively.” 

228. Repeat that portion of Clause II. which limits the time 
that the President may retain a Bill. 

“ If any bill shall not be returned by the President 
within ten days (Sundays excepted) after it shall have 
been presented to him, the same shall be a law% in like 
manner as if he had signed it, unless the Congress, by 
their adjournment, prevent its return, in which case it 
shall not be a law.” 

229. Repeat the whole of Clause II. 

Clause III. “ Every order, resolution, or vote, to which 
the concurrence of the Senate aiid House of Representatives 
may he necessary {except on a question of adjournment), 
shall he presented to the President of the United States; 
and before the same shall take effect, shall he approved 
hy him, or, being disapproved hy him, shall he repassed 
by two-thirds of the Senate and House of Representatives, 
according to the rules and limitatio'ns prescribed in the 
case of a bill.” 

230. What is the object of this clause ? 

It extends the veto of the President to other matters 
besides bills. 

4 


38 CONSTITUTION OF THE UNITED STATES. 


231. To what other matters does his veto extend? 

To all orders, resolutions, or votes (except on questions 
of adjournment), to Avhich the concurrence of the two 
Houses may be necessary. 

232. What is the object of this provision ? 

To prevent Congress from evading the veto power, by 
passing a law under some other name. 

233. AVhat is the mode of proceeding in such cases? 

The same as in the case of a bill. 

234. In what case of joint resolutions has the President no veto 
power ? 

On a question of adjournment. 

235. Repeat Clause III. 

-- 

Section VIII.— Powers Granted to Congress. 

Clause I. Congress shall have power; 

“ To lay and collect taxes, duties, imposts, and excises, 
to pay the debts and provide for the common defence and 
general welfare of the United States; but all duties, im¬ 
posts, and excises shall be uniform throughout the United 
States.” 

236. To what does this clause relate ? 

To the 2)ower of taxation. 

237. What is a tax ? 

IVIoney exacted by Government from individuals, for 
the public service. 

238. How are taxes sometimes divided ? 

Into direct taxes and indirect taxes. 

239. What are direct taxes ? 

Taxes upon individuals. 

240. What two kinds of direct taxes are there ? 

Taxes upon persons, and taxes upon i^rojierty. 



POWERS GRANTED TO CONGRESS. 


39 


241. What are these two kinds of taxes called ? 

The former is called a personal, poll, or capitation tax; 
the latter a property tax. 

242. What is an indirect tax ? 

A tax upon the consumption of certain articles. 

243. What three kinds of indirect taxes are there ? 

Taxes on goods imported into the country, taxes on 
goods exported out of the country, and taxes on goods 
manufactured in the country; in other words, upon im¬ 
ports, exports, and manufactures. 

245. What are ‘‘ Imposts ” ? 

Taxes on goods imported. 

246. What are “ Duties ” and “ Customs ” ? 

Taxes on goods either exported or imi^orted. 

247. What are “ Excises ’’ ? 

Taxes on goods manufactured. 

248. How are direct taxes apportioned among the several 
States ? 

In the same manner as the Representatives; that is, 
according to their respective numbers. 

249. How are indirect taxes apportioned ? 

They must be uniform throughout the States. 

250. What is the object of this provision ? 

To prevent Congress from legislating in behalf of local 
interests. 

251. What doubt exists in regard to the meaning of this whole 
clause ? 

Whether it means that Congress has power to lay and 
collect taxes, duties, imposts, and excises, and ako to pay 
the debts, &c. ; or whether it means that Congress has 
power to lay and collect taxes, duties, imposts, and ex¬ 
cises, for the purpose of paying the debts, &c. 


40 CONSTITUTION OF THE UNITED STATES. 


252. What is the common interpretation ? 

That Congress has power to lay and collect taxes, 
duties, inposts, and excises,/or the puiyose of paying the 
debts and providing for the common defence and general 
welfare of the United States. 

253. Eepeat Clause I. 

Clause II. Congress shall have power; 

“ To borrow money on the credit of the United States.’’ 

254. To what does this clause refer ? 

To borrowing money. 

255. Is the possession of this power by Congress necessary to 
the existence of the National Government? 

It is. 

256. What would be the consequence if no such power existed ? 
In times of war, or great public calamities, it would be 

impossible to provide in time the means of meeting the 
public exigencies. 

257. Whose credit is pledged for the payment of money bor- 
row^ed by Congress ? 

The credit of the whole United States. 

258. Eejjeat Clause II. 

Clause III. Congress shall have power ; 

“ To regulate commerce ivith foreign nations, and among 
the several States, and ivith the Indian tribes.” 

259. To what does Clause III. relate ? 

To the regulation of commerce. 

260. How Avas commerce regulated under the Confederation ? 
The Continental Congress, under the Confederation, 

had no power to regulate commerce, but it w'as left to the 
management of each particular State. 

261. What was the consequence of that arrangement? 

The foreign commerce of the States was almost en- 


POWERS GRANTED TO CONGRESS. 


41 


tirely destroyed, and the conflicting claims of the several 
States had brought them to the brink of a civil war. 

262. What is to be understood by regulating Commerce ? 

Prescribing the rules by which Commerce is to be 

governed. 

263. What two things are included in the general idea of Com¬ 
merce ? 

Traffic, or the interchange of commodities; and com¬ 
mercial mtercourse, or navigation. 

264. What are some of the ways in which Congress may regulate 
Commerce ? 

By passing laws for the coasting trade and fisheries, and 
for the government of seamen on board of American 
ships; by making quarantine and pilotage laws; by con¬ 
structing lighthouses; by surveying the coast and har¬ 
bors ; by imposing duties upon articles imported or ex¬ 
ported ; by prohibiting commerce with particular nations; 
by designating particular ports of entry; and in various 
other ways. 

265. To whom belonged the power of regulating Commerce with 
the Indian tribes, before the Kevolution ? 

To the King. 

266. To whom does it now belong ? 

To Congress. 

267. Kepeat Clause III. 

Clause IV. Congress shall have power; 

“ To establish a uniform rule of naturalization, and 
uniform laws on the subject of bankruptcies, throughout 
the United States.’' 

268. To what does the first part of this clause relate ? 

To naturalizing foreigners. 

269. What is meant by naturalizing foreigners? 

Giving them the rights of citizenship. 

4* 


42 CONSTITUTION OF THE UNITED STATES. 

270. Why could not this power be left with the States? 

There would then be no uniformity on the subject. 

271. What would be the objection to that? 

A citizen of one State is, by the Constitution, entitled 
to all the rights of citizenship in every other State; con¬ 
sequently, one State might, by its naturalization laws, in¬ 
vade the rights and privileges of all the rest. 

272. According to the rule of naturalization adopted by Con¬ 
gress, how long must a foreigner live in the country before he can 
become a citizen ? 

At least five years. 

273. To what does the latter part of this clause relate? 

To Bankruptcy. 

274. What should be the object of bankrupt and insolvent laws, 
in regard to creditors ? 

To secure to creditors the full surrender and equitable 
distribution of the insolvent debtor’s effects. 

275. What should be their object in regard to unfortunate 
debtors ? 

To secure to them, after such a surrender, a legal dis¬ 
charge from their creditors. 

276. What is the effect of giving to creditors the power to im¬ 
prison a debtor, or to seize upon his future earnings ? 

It either paralyzes all exertion, or leads to fraudulent 
means to secrete property afterwards acquired. 

277. Does the discharge of a debtor from the power of his cred¬ 
itors release him from all obligation to pay his debts ? 

It does not. He is still bound in honor and conscience 
to pay his debts, if in subsequent business he shall acquire 
the means. 

278. Is there any uniform law of bankruptcy now existing in 
the United States ? 

There is not. Congress passed such a law in the year 
1801, which was repealed in 1803. Another was passed 


POWERS GRANTED TO CONGRESS. 


43 


ill 1842, which was repealed in 1843. Another was passed 
in 1866, which was repealed in 1879. 

279. Eepeat Clause IV. 

Clause V. Congress shall have power; 

“To coin money, regulate the value thereof, and of 
foreign coin, and fix the standard of weights and 
measures I’ 

280. To what does the first part of this clause refer ? 

To the power of coinage. 

281. To whom is this power entrusted ? 

To Congress exclusively. 

282. What would be the consequence of giving to each State 
the power to coin money ? 

There would be no uniformity in the weight or value 
of money, and the circulation of base or counterfeit coin 
would be very much increased. 

283. To what does the latter part of this clause relate ? 

To fixing the standard of weights and measures. 

284. Eepeat Clause V. 

Clause VI. Congress shall have power ; 

“To provide for the pimishment of counterfeiting the 
securities and current coin of the United States.’’ 

285. What is the object of this provision ? 

To render more efficient the powers of coinage and of 
borroAving money. 

286. Eepeat Clause VI. 

Clause VII. Congress shall have poAver; 

“ To establish post offices and post roads.” 

287. What are some of the advantages which result from the 
exercise of this power ? 

It enables both individuals and the government to 



44 CONSTITUTION OF THE UNITED STATES. 

transmit intelligence, to make remittances of money, and 
to transact various important branches of business with 
a degree of promptitude, regularity, and economy that 
would be entirely impracticable in any other way. 

Clause VIII. Congress shall have power; 

“ Jb promote the progress of science and useful arts, 
by securing, for limited times, to authors and inventors, 
the exclusive right to their respective writings and dis¬ 
coveries.” 

288. What is the object of this clause ? 

To secure the rights of authors and inventors. 

289. How long may a person, under the existing laws of the 
United States, have the exclusive right to publish any book of 
which he is the author? 

Twenty-eight years. 

290. What is this privilege called ? 

A copyright. 

291. May a copyright be renewed? 

It may, for an additional period of fourteen years. 

292. How long may a person have the exclusive right to manu¬ 
facture and sell any machine of which he is the inventor ? 

Fourteen years. 

293. What is this privilege called ? 

A patent right. 

294. Repeat Clause VIII. 

Clause IX. Congress shall have power; 

“ To constitute tribunals inferior to the Supreme Court.” 

N. B. This subject will be considered more fully under the 
head of the Judicial Department. 

Clause X. Congress shall have power; 

“ To define and punish piracies and felonies committed 
on the high seas, and offences against the law of nations.” 


POWERS GRANTED TO CONGRESS. 


46 


295. What is Piracy ? 

Eobbery at sea. 

296. What is the imnishment for Piracy, or felony committed 
on the high seas ? 

Death. 

297. When is an action said to have been done upon the “ high 
seas ” ? 

When it is done beyond low-water mark. 

298. Why is Congress particularly charged with the punish¬ 
ment of offences against the law of nations ? 

Because the United States are responsible to foreign 
nations for the conduct of American citizens at sea. 

299. Eepeat Clause X. 

Clause XI. Congress shall have power; 

“ To declare war, grant letters of marque and re¬ 
prisal, and make rules concerning captures on land and - 
water.” 

300. With whom is the right of declaring war vested in mo¬ 
narchical governments ? 

With the Executive. 

301. Why is this inexpedient ? 

The people, who have to bear the burden of war, ought 
to have as direct a voice as possible in deciding whether 
or not to declare war. 

302. What are Letters of Marque and Eeprisal ? 

Commissions granted to private persons to capture the 

property of citizens of another nation. 

303. What is a person so commissioned called ? 

A Privateer. 

304. When are Letters of Marque and Eeprisal generally 
issued ? 

In time of war. 


46 CONSTITUTION OF THE UNITED STATES. 


305. Are they ever granted at other times ? 

Sometimes an individual, for whom no redress of griev¬ 
ances can be obtained from a foreign nation, is permitted 
by his own government to make reprisal upon the prop¬ 
erty of subjects of that nation to the extent of his injury. 

306. Kepeat Clause XI. 

Clause XII. Congress shall have power; 

“ To raise and support armies; hut no appropriation 
of money to that use shall he for a longer term than two 
years.” 

307. Should the power of raising armies always be connected 
with that of declaring war ? 

It should. 

308. How was it under the Articles of Confederation ? 

Congress had the right to declare war, but the States 

only could raise troops. 

309. What was the consequence of a similar arrangement during 
the Kevolutionary War? 

Great expense, delay, and inefficiency. 

310. Why is Congress not allowed to make any appropriation 
for the support of the army for more than two years ? 

To prevent the maintenance of a standing army in 
time of peace, without the continued consent of the 
people. 

311. How often are the appropriations for the army actually 
made? 

Every year. 

312. What is all the legislation that would be necessary at any 
time to disband the army ? 

All that would be necessary for this purpose would 
be for the Eepresentatives of the people to omit providing 
for its support in the annual appropriation bill. 

313. Repeat Clause XII. 


POWERS GRANTED TO CONGRESS. 


47 


Clause XIII. Congress shall have power ; 

“ To provide and maintain a navy.” 

314. What may be remarked of the general object of this clause ? 
Its general object is the same as that relating to the 

Army. 

315. What may be remarked of the danger of maintaining a 
large naval force ? 

A Navy is always considered less dangerous to the 
liberties of a country than a standing Army. 

Clause XIV. Congress shall have power; 

“ To make rules for the government and regulation of 
the land and naval forces.” 

Clause XV. Congress shall have power; 

(( 2h provide for calling forth the militia to execute the 
laws of the Union, suppress insurrections, and repel in¬ 
vasions.” 

316. Why is Congress intrusted with this power to call out the 
militia? 

To enable them to discharge the duty of maintaining 
the public peace. 

317. What would be the alternative if this power was not 
granted ? 

It would be necessary to maintain a standing army. 

318. What is to be observed of the limitation of this power? 
Congress is not limited either in regard to the time of 

service, or the place of operation. 

319. What is inferred from the use of the word “provide” ? 
Congress may instruct the President to judge of the 

exigency, and to call out the militia, in certain contin¬ 
gencies, during the recess of Congress. 

320. Repeat Clause XV. - - .. 


48 CONSTITUTION OF THE UNITED STATES. 


Clause XVI. Congress shall have power; 

“ To provide for organizing, arming, and disciplining 
the militia, and for governing such part of theiti as may he 
employed in the service of the United States; reserving to 
the States respectively, the appointment of the officers, and 
the authority of training the militia, accordmg to the dis¬ 
cipline prescribed by Congress.’’ 

321. Why is it left to the State Governments to train the Militia 
and appoint the officers ? 

The Militia is considered as intended mainly for the 
maintenance of the State Governments, to be called 
out by the General Government only in certain special 
exigencies. 

322. Why is the organization and mode of discipline left to be 
prescribed by Congress ? 

To secure uniformity in these respects, as well as 
efficiency in case of actual service. 

323. Repeat Clause XVI. 

Clause XVII. Congress shall have power; 

“ To exercise exclusive legislation in all cases whatso¬ 
ever, over such district {not exceeding ten miles square^, 
as may, by cession of particular States, and the accept¬ 
ance of Congress, become the seat of the Goveriiment of 
the United States, and to exercise like authority over all 
places, purchased by the consent of the legislature of the 
Stale in which the same shall he, for the erection of forts, 
magazines, arsenals, dockyards, and other needful build¬ 
ings.” 

324. To what does this clause principally relate ? 

To the seat of the National Government. 

325. What limit is prescribed by the Constitution as to the ex¬ 
tent of country to be occupied as the Seat of Government ? 

It shall not exceed ten miles square. 


POWERS DENIED TO THE UNITED STATES. 49 


326. What other limitation is given ? 

The place selected must be ceded for that purpose by 
the State or States within which it lies. 

327. What provision is made in regard to places occupied by 
the United States for forts, arsenals, dockyards, etc. ? 

If purchased by the consent of the State Legislature, 
the General Government acquires exclusive jurisdiction 
over them, as in the case of the Seat of Government. 

328. Kepeat Clause XVII. 

Clause XVIII. Congress shall have power; 

“ To make all laws which shall he necessary and proper 
for carrying into execution the foregoing powers, and all 
other powers vested by this Constitution in the Govern¬ 
ment of the United States, or in any department or officer 
thereof’ 

329. How is this clause to be considered ? 

Merely as declaratory of what is actually implied in the 
other provisions of the Constitution. 

330. Why was it deemed necessary to make such a declaration ? 

Because in the Articles of Confederation there was an 

express declaration to the contrary effect, that is, pro¬ 
hibiting Congress from the exercise of any powers not 
expressly granted. 

331. Kepeat Clause XVIII. 


Section IX.—Powers denied to the United 
States. 

Clause I. “ The migration or iyiportation of such 
persons, as any of the States, now existing, shall think 
proper to admit, shall not he prohibited by the Congress, 
prior to the year one thousand eight hundred and eight; 

5 D 


60 CONSTITUTION OF THE UNITED STATES. 

hut a tax or duty may he imposed on such importation, 
7iot exceeding ten dollars for each person.” 

332. To what does this clause relate ? 

To the abolition of the foreign Slave Trade. 

333. Were any attempts made before the American Revolution 
to prevent the importation of slaves into this country ? 

Several of the Colonies, before the Revolution, passed 
laws prohibiting the importation of slaves; but these 
laws were negatived by the British Government. 

334. What was the earliest period fixed upon in the Constitu¬ 
tion for putting an end to the importation of slaves ? 

The year 1808. 

335. What hindrance to the importation could Congress inter¬ 
pose without directly prohibiting it ? 

A tax of ten dollars upon every person so imported. 

336. When was the importation actually prohibited ? 

Congress passed a Bill in 1807, prohibiting the impor¬ 
tation of slaves after January 1, 1808. 

337. When was the importation into the British Colonies pro¬ 
hibited ? 

The same year, 1808. 

Repeat Clause I. 

Clause II. “ The privilege of the ivrit of habeas 
corpus shall not he suspended unless when, in cases of 
7'ehellion or invasion, the puhlie safety may require it” 

338. What is the object of this clause ? 

To prevent illegal imprisonment. 

339. What remedy has a person who thinks himself illegally 
confined or imprisoned ? 

He petitions the judge to be brought into open Court, 
in order that the cause of his imprisonment may be in¬ 
quired into. 


POWERS DENIED TO THE UNITED STATES. 61 

340. What is the meaning of the words habeas corpus? 

“ That you have the body.” 

341. How are these words used? 

The judge orders the person who holds another under 
confinement, to this efiect: “ See that you have the body ” 
(produce the person in open court), to be submitted to 
the decision of the judge. 

342. When may Congress suspend this privilege ? 

In cases of rebellion and invasion. 

343. Why were they prohibited from suspending it in all other 
cases? 

To preserve the citizens of the United States from the 
oppressions that had been practised in Great Britain by 
the frequent suspension of this privilege. 

344. Kepeat Clause II. 

Clause III. “iVb bill of attainder, or ex post facto law, 
shall be passed.” 

345. What is a Bill of attainder ? 

A Bill passed by the Legislature, convicting a person 
of crimes, and punishing him therefor, without a regular 
trial. 

346. What is the objection to a bill of attainder? 

It deprives the citizen of his inalienable right of trial 
by jury. 

347. What are ex post facto laws ? 

Laws made after the act is done. 

348. What is the operation of an ex post facto law ? 

When an act has been done against which there was 
no law, a law may be afterwards passed, declaring the 
act to have been a crime, and punishing it accordingly. 

349. Is Congress allowed to pass such laws ? 

It is not. 

350. Kepeat Clause III. 


62 CONSTITUTION OF THE UNITED STATES. 

Clause IV. “iVb capitation or other direct tax shall he 
laid, unless in proportion to the census or enumeration, 
herein before directed to he taken.” 

351. What is the object of this clause? 

To prevent Congress from laying the burdens of gov¬ 
ernment unequally upon different portions of the re¬ 
public. 

Clause V. “iVb tax or duty shall he laid on articles 
exported from any State. No preference shall he given 
hy any regulation of commerce or revenue, to the ports 
of one State over those of another; nor shall vessels homid 
to, or from, one State, he obliged to enter, clear, or pay 
duties, in another.” 

352. What is the object of the first part of this clause? 

To prevent Congress from injuring the interests of 
any one of the States. 

353. How might this be done ? 

By laying a tax upon the export of its staple pro¬ 
ductions. 

354. What is the object of the next part of the clause ? 

To prevent any preference of the ports of one State 
to those of another. 

355. To what does the last part of the clause refer ? 

To the practice, which existed previous to the Revolu¬ 
tion, of requiring all vessels from the Colonies, no matter 
to what part of the world they were bound, to go by w^ay 
of Great Britain, and sail to and from some British port. 

356. What was the object of that system? 

To throw all the commerce of the Colonies into the 
hands of the British. 




POWERS DENIED TO THE UNITED STATES. 53 


357. What is the object of this prohibition in the Constitution ? 

To prevent Congress from putting the commerce of 

the country under the control of any particular section. 

358. Kepeat Clauses IV. and V. 

Clause VI. “iVb money shall he draivn from the treas¬ 
ury, but in consequence of appropriations made by law; 
and a regular statement and account of the receipts and 
expenditures of all public money shall be published, from 
time to time.” 

359. What is forbidden in the first part of this clause ? 

Drawing money from the Treasury except in conse¬ 
quence of appropriations made by law. 

360. What is required in the latter part of the clause ? 

Government is required to publish a full account of its 

receipts and expenditures. 

361. What is the object of these provisions? 

To make both the Legislature and the Executive duly 
responsible for the use of the public money. 

362. Kepeat Clause VI. 

Clause VII. “iVb title of nobility shall be granted by 
the United States: And no person, holding any office of 
profit or trust under them, shall, without the consent of the 
Congress, accept of any present, emolument, office, or title, 
of any hind whatever, from any king, prince, or foreign 
state.” 

363. Why are titles of nobility prohibited ? 

Because in this country all citizens have equal rights. 

364. Why are officers of Government forbidden to receive any 
present, emolument, office, or title, from foreign States or Princes? 

To prevent foreign governments from unduly influ¬ 
encing our affairs. 

365. Repeat Clause VII. 

5* 



54 CONSTITUTION OF THE UNITED STATES. 


Section X.—Powers denied to the States. 

Clause I. ''No State shall enter into any treaty, al¬ 
liance, or confederation; grant letters of marque and re¬ 
prisal; coin money; emit hills of credit; make anything 
hut gold and silver coin a tender in payment of debts, 
pass any hill of attainder, ex post facto law, or law im¬ 
pairing the obligation of contracts, or grant any title of 
nobility’^ 

366. Why should no State be allowed to enter into any treaty, 
alliance, or confederation ? 

Such a privilege would conflict with the powers granted 
to the General Government. 

367. Why should no State be allowed to grant letters of marque 
and reprisal ? 

Such a privilege would enable one State, at its pleasure, 
to involve all the others in a general war. 

368. Why should no State be allowed to coin money ? 

Such a privilege would lead to the introduction of a 
currency exceedingly various and changeable, instead of 
that simple and uniform currency which we now have. 

369. What is alluded to in the prohibition to issue bills of 
crdit ? 

The currency which existed during the Revolutionary 
AVar, and which was called “ Continental money.” 

370. What is here meant by “Bills of .Credit” ? 

Paper money; or promises to pay, issued by a State, 
in such a way, as to be used as a circulating medium. 

371. Is this phrase interpreted to prohibit a State from borrow¬ 
ing money by giving its bonds ? 

It is not. 

372. What fact is alluded to in the prohibition to make any¬ 
thing but gold and silver coin a tender for the payment of debts ? 

During the Revolutionary War, laws were passed re- 


POWERS DENIED TO THE STATES. 55 

quiring the people to receive the Continental money at its 
par value, in payment of debts. 

373. What is a legal tender? 

Such an otfer of payment as the creditor is obliged to 
accept, or forfeit his claim to interest. 

374. Have bills of attainder, or ex post facto laws, ever been 
passed in this country ? 

During the Revolutionary AVar, the States confiscated 
the property of those who espoused the cause of the 
mother country. 

375. What instances have occurred in our history of “laws im¬ 
pairing the obligation of contracts ” ? 

The laws, making the depreciated Continental money 
a legal tender, and various laws of the same kind, passed 
by the States during the Revolutionary AVar. 

376. Are the States prohibited from making insolvent law's, dis¬ 
charging contracts in certain cases ? 

The Supreme Court has decided that the States may 
pass such laws in reference to future contracts, but not to 
those which are past 

377. Repeat the whole of Clause I. 

Clause II. “iVb State shall, without the consent of the 
Congress, lay any imposts or duties on imports or exports, 
except what may he absolutely necessary for executing its 
infection laws; and the net produce of all duties and 
imposts, laid hy any State on imports or exports, shall he 
for the use of the trehsury of the United States; and all 
such laws shall he subject to the revision and control of 
the Congress. No State shall, without the consent of 
Congress, lay any duty on tonnage, keep troops, or ships 
of war, in time of peace, enter into any agreement or 
compact with another State, or with a foreign power, or 


56 CONSTITUTION OF THE UNITED STATES. 


engage in war, unless actually invaded, or in such im¬ 
minent danger, as will not admit of delay.” 

378. What is the object of the first part of this clause? 

To prevent the States from making laws, interfering 
with the general authority of Congress, to regulate com¬ 
merce. 

. 379. What is necessary before any State can lay any imposts or 
duties on imports or exports ? 

The consent of Congress. 

380. What are inspection laws ? 

Laws requiring certain articles, raised in a State, to be 
examined and approved before exportation. 

381. What is the object of such laws? 

To improve the quality of the articles exported. 

382. What is done with the net produce of all duties laid by 
the States for this purpose ? 

It goes into the Treasury of the United States. 

383. What still further'limitation is put upon this power of the 
States ? 

The laws passed for this purpose are subject to the re¬ 
vision of Congress. 

384. What would be the consequence of allowing the States to 
maintain troops and ships of war ? 

It would endanger the public safety. 

385. Why should not the States be allowed to enter into com¬ 
pact with each other or with foreign States ? 

Such compacts would be incompatible with the safety 
of the Union. 

386. In what case may the States engage in war ? 

When actually invaded, or in such iinminent danger 
as will not admit of delay. 

387. Eepeat Clause II. 


. PRESIDENT AND VICE-PRESIDENT. 


57 


ARTICLE II. 

EXECUTIVE DEPARTMENT. 

Section I.—President • and Vice-President. 

Clause I. “ The Executive power shall he vested in a 
President of the United States of America. He shall 
hold his office during the term of four years, and together 
with the Vice-President, chosen for the same term, he 
elected as follows P 

388. In whom is the Executive power of the United States 
vested ? 

In the President. 

389. For how long a term is the President elected? 

For four years. 

390. What other Executive officer is chosen at the same time 
and for the same period ? 

The Vice-President. 

391. How does the President's term of service compare with 
that of Senators and Eepresentatives ? 

It is between the two; that of Senators being six years, 
that of Representatives two. 

392. What advantage results from this arrangement ? 

The different departments of government are never all 
dissolved at the same time. 

393. What evil might result from a shorter term of service ? 

Sudden fluctuations in the policy of the General Gov¬ 
ernment. 

394. What danger might be apprehended from too long a term 
of service? 

It might tend to make the Executive independent of 
the will of the people. 

395. Repeat Clause I. 


58 CONSTITUTION OF THE UNITED STATES. 


Clause II. ''Each State shall ajipoini, in such man- 
ner as the Legislature thereof may direct, a number of 
Electors, equal to the whole number of Senators and 
Representatives to which the State may be entitled in the 
Congress: but no Senator or Representative, or person 
holding an office of trust or profit under the United States, 
shall be appointed an Elector.” 

396. For what does this clause provide? 

For the appointment of Electors, to choose the Presi¬ 
dent and Vice-President. 

397. How are these Electors appointed ? 

In such manner as the Legislature of each State may 
direct. 

398. To how many Electors is each State entitled ? 

To as many as the whole number of Senators and 
Representatives to which the State may be entitled in 
Congress. 

399. What persons are disqualified from being appointed Elec¬ 
tors? 

Senators, Representatives, and all persons holding any 
office of trust or profit under the United States. 

400. Repeat Clause II. 

[Clause III. “ The Electors shall meet in their respective States, 
and vote by ballot for two persons, of whom one, at least, shall not be 
an inhabitant of the same State with themselves. And they shall 
make a list of all the persons voted for, and of the number of votes 
for each; which list they shall sign and certify, and transmit, sealed, 
to the seat of the government of the United States, directed to the 
President of the Senate. The President of the Senate shall, in the 
presence of the Senate and House of Representatives, open all the 
certificates, and the votes shall then be counted. The person hav¬ 
ing the greatest number of votes shall be the President, if such 
number be a majority of the whole number of Electors appointed; 
and if there be more than one, who have such majority, and havt 


PRESIDENT AND VICE-PRESIDENT. 


59 


an equal number of votes, then the House of Kepresentatives shall 
immediately choose, by ballot, one of them for President; and if no 
person have a majority, then, from the five highest on the list, the 
said House shall, in like manner, choose the President. But in 
choosing the President, the votes shall be taken by States, the rep¬ 
resentation from each State having one vote; a quorum for this 
purpose, shall consist of a member or members from two-thirds of 
the States, and a majority of all the States shall be necessary to a 
choice. In every case, after the choice of the President, the per¬ 
son having the greatest number of votes of the Electors shall be 
the Vice-President. But if there should remain two or more who 
have equal votes, the Senate shall choose from them, by ballot, the 
Vice-President.” ] 

N. B. This clause has since been repealed. It is quoted here 
merely for reference, and not to be learned by the pupil. Instead 
of learning it, he should study the following, which is Article XII. 
of the Amendments, and which contains the present mode of elect¬ 
ing the President and Vice-President. This Amendment is treated 
of here, because of its connection with the present subject. 


Amendment, Article XII. 

Mode of choosing the President and Vice-President. 

Clause I. “ The Electors shall meet in their respective 
States, and vote by ballot for President and Vice-Presi¬ 
dent, one of whom, at least, shall not be an inhabitant of 
the same State with themselves; they shall name in their 
ballots the person voted for as President, and in distinct 
ballots the person voted for as Vice-President; and they 
shall make distinct lists of all persons voted for as Presi¬ 
dent, and of all persons voted for as Vice-President, and 
of the number of votes for each, which lists they shall sign, 
and certify, and transmit, sealed, to the seat of the govern¬ 
ment of the United States, directed to the President of the 
Senate; the President of the Senate shall, in the presence 
of the Senate and House of Representatives, open all the 


60 CONSTITUTION OF THE UNITED STATES. 


certificates, and the votes shall then he counted; the person 
having the greatest number of votes for President shall he 
the President, if such number he a majority of the whole 
number of Electors appointed; and if no person have such 
majority, then, from the persons having the highest num¬ 
bers, not exceeding three, on the list of those voted for as 
President, the House of Representatives shall choose im¬ 
mediately, by ballot, the President. But in choosing the 
President, the votes shall be taken by States, the represen¬ 
tation from each State having one vote; a quorum for 
this purpose shall consist of a member or members from 
two-thirds of the States, and a majority of all the States 
shall be necessary to a choice. And if the House of 
Representatives shall not choose a President, whenever the 
right to choose shall devolve upon them, before the fourth 
day of March next following, then the Vice-President 
shall act as President, and in case of the death, or other 
constitutional disability, of the President.’’ 

Clause II. “ The person having the greatest number of 
votes as Vice-President shall be the Vice-President, if 
such number be a majority of the whole number of Electors 
appointed; and if no person have a majority, then, from 
the tivo highest numbers on the list, the Senate shall choose 
the Vice-President; a quorum for the purpose shall consist 
of two-thirds of the whole number of Senators; a majority 
of the whole number shall be necessary to a choice.” 

Clause III. But no person constitutionally ineligible 
to the office of President, shall be eligible to that of Vice- 
President of the United States.” 

401. Where do the Electors meet ? 

In their respective States. 

402. What is prescribed in regard to their mode of voting ? 

It shall be by ballot. 


PRESIDENT AND VICE-PRESIDENT. 


61 


403. What is the object of not allowing them to select both Pres¬ 
ident and Vice-President from the same State with themselves? 

To prevent local partialities. 

404. How are they required to make their ballots ? 

They shall name in their ballots the person voted for 
as President, and in the distinct ballots, the person voted 
for as Vice-President. 

405. How does this differ from the former mode of balloting ? 

Before the amendment of the Constitution, the Elec¬ 
tors in each State voted for two persons as candidates 
for the Presidency. When the votes of all the States 
were collected, the one who had the greatest number 
of votes was President; the one who had the next 
greatest number was Vice-President. By the present 
plan, the votes for President and Vice-President are 
distinct. 

406. What provision is made to prevent mistake in regard to 
the result of the balloting ? 

The Electors shall make distinct lists of all persons 
voted for as President, and of all persons voted for as 
Vice-President, and of the number of votes for each. 

407. What provision is made to prevent fraud f 

The Electors shall sign, certify, and seal the lists which 
contain the result of their votes. 

408. Where do they send these lists ? 

To the Seat of Government. 

409. To whom ? 

To the President of the Senate. 

410. Kepeat that part of the Clause which relates to what is 
done by the Electors in each State. 

“The Electors shall meet in their respective States, 
and vote by ballot for President and Vice-President, one 
of whom, at least, shall not be an inhabitant of the same 
State with themselves; they shall name in their ballots 
6 


62 CONSTITUTION OF THE UNITED STATES. 


the person voted for as President, and in distinct ballots 
the person voted for as Vice-President; and they shall 
make distinct lists of all persons voted for as President, 
and of all persons voted for as Vice-President, and of the 
number of votes for each, which lists they shall sign, and 
certify, and transmit, sealed, to the seat of the Govern¬ 
ment of the United States, directed to the President of 
the Senate.” 

411. What provision is made to prevent fraud in counting the 
votes at the Seat of Government ? 

The President of the Senate shall, in the presence of 
the Senate and House of Representatives, open all the 
certificates, and the votes shall then be counted. 

412. What number of Electoral votes is necessary to an election ? 

A majority of the whole number. 

413. Why should not a person be elected who had a plurality of 
votes ? 

In case there were several candidates, a person might 
be elected by a small number of votes, against the wishes 
of a large majority of the people. 

414. Repeat that part of the clause which relates to the counting 
of the votes, and the number necessary to a choice. 

“ The President of the Senate shall, in the presence of 
the Senate and House of Representatives, open all the 
certificates, and the votes shall then be counted ; the per¬ 
son having the greatest number of votes for President, 
shall be the President, if such number be a majority of 
the whole number of Electors appointed.” 

415. What is to be done, in case no candidate has a majority of 
the whole number of votes ? 

The House of Representatives shall elect a Presi¬ 
dent. 

416. By ballot, or viva voce? 

By ballot. 


PRESIDENT AND VICE-PRESIDENT. 


63 


417. When? 

Immediately. 

418. How are they limited in their choice? 

To three candidates highest on the list. 

419. How was it, in this respect, before the Amendment? 

The House chose from the^re highest. 

420. In what manner shall the votes of the House be taken in 
choosing the President ? 

By States; the Representation from each State having 
but one vote. 

421. What States are favored by this mode of voting? 

The small States. The smallest State has, in such a 
case, as much weight as the largest. 

422. What States have the preponderance when a choice is 
made by the Electors ? 

The large States. 

423. In choosing the President by the House, what is necessary 
to make a quorum of the House ? 

A Member or Members from two-thirds of the States. 

424. What number of States is necessary to a choice by the 
House ? 

A majority of all the States. 

425. Eepeat that part of the clause which relates to the election 
of President by the House. 

“If no person have such majority, then, from the per¬ 
sons having the highest numbers, not exceeding three, 
on the list of those voted for as President, the House of 
Representatives shall choose immediately, by ballot, the 
President. But in choosing the President, the votes 
shall be taken by States, the Representation from each 
State having one vote; a quorum for this purpose shall 
consist of a member or members from two-thirds of the 
States, and a majority of all the States shall be necessary 
to a choice.” 




64 CONSTITUTION OF THE UNITED STATES. 


426. If the right of choice devolves upon the House, and they 
fail immediately to choose a President, how long can this duty be 
deferred ? 

Not longer than the 4tli of March next following. 

427. Why is that day particularly named ? 

Because the existing President’s term of office expires 
on that day. 

428. In case the House fail to make a choice before the 4th of 
March, who succeeds to the Presidency ? 

The Vice-President. 

429. Kepeat that part of the clause which relates to the failure 
of the House to choose a President. 

“And if the House of Hepresentatives shall not choose 
a President, whenever the right of choice shall devolve 
upon them, before the fourth day of March next follow¬ 
ing, then the Vice-President shall act as President, as in 
case of the death, or other constitutional disability of the 
President.” 

430. What number of Electoral votes is necessary to elect the 
Vice-President ? 

A majority of the whole number. 

431. In case no one of the candidates has sucli a majority, how 
is the Vice-President elected? 

By the Senate. 

432. How is the Senate limited in its choice? 

To the two candidates highest on the list. 

433. What constitutes a quorum of the Senate for choosing the 
Vice-President? 

Two-thirds of the whole number of Senators. 

434. What number of Senators is necessary to a choice ? 

A majority of the whole number. 

435. Does the Senate, in choosing the Vice-President, vote by 
States ? 

It does not. 


PRESIDENT AND VICE-PRESIDENT. 


65 


436. Repeat the clause relating to the election of Vice-Presi¬ 
dent. 

“ The person having the greatest number of votes as 
Vice-President, shall be the Vice-President, if such num¬ 
ber be a majority of the whole number of electors ap¬ 
pointed ; and if no person have a majority, then, from 
the two highest numbers on the list, the Senate shall 
choose the Vice-President; a quorum for the purpose 
shall consist of two-thirds of the whole number of Sena¬ 
tors ; a majority of the whole number .shall be necessary 
to a choice.” 

437. Why are the same qualifications required of the Vice- 
President as of the President ? 

Because, in certain cases, the Vice-President succeeds 
to the office of President. 

438. Repeat the clause referring to this. 

“But no person constitutionally ineligible to the office 
of President, shall be eligible to that of Vice-President 
of. the United States.” 

439. Repeat the whole of the Amendment relating to the mode 
of choosing President and Vice-President. 

Clause IV. “The Congress may determine the time of 
choosing the Electors, and the day on which they shall 
give their votes; which day shall he the same throughout 
the United States.’’ 

440. How is the time of choosing Presidential Electors deter¬ 
mined ? 

By Congress. 

441. What is this choice of Electors generally called ? 

The Presidential election. 

442. Is the day for choosing Electors the same throughout tlie 
States ? 

It is. By act of Congress, of January 23d, 1845, the 
6* E 


66 CONSTITUTION OF THE UNITED STATES. 


electors are to be chosen in each State on the Tuesday 
next after the first Monday in November. 

443. How is the day on which the Electors shall vote for Pres¬ 
ident and Vice-President determined ? 

That also is determined by Congress. 

444. Under what limitation ? 

That it shall be the same throughout the United States. 

445. What is the object of this provision ? 

To prevent fraudulent combinations. 

446. Kepeat Clause IV. 

Clause V. “iVo person, except a natural-horn citizen, 
or a citizen of the United States at the time of the adop¬ 
tion of this Constitution, shall he eligible to the office of 
President; neither shall any person he eligible to that 
office who shall not have attained to the age of thirty-five 
years, and been fourteen years a resident tvithin the United 
States.’^ 

447. To what does this clause relate? 

To the qualifications of the President. 

448. Of what age must a person be, before he can be eligible to 
the office of President ? 

Thirty-five years. 

449. How long must he have been a resident in the United 
States ? 

Fourteen years. 

450. Does this exclude from the office persons who are abroad 
in the public service ? 

It does not. 

451. What is required in regard to birth ? 

The candidate must be a natural-born citizen. 

452. What temporary exception was made to this rule ? 

An exception in favor of those who were citizens at 
the time of the adoption of the Constitution. 


PRESIDENT AND VICE-PRESIDENT. 


67 


453. Why was this sxception then made ? 

From gratitude to those distinguished foreigners who 
had taken part with us during the Revolution. 

454. Repeat Clause V. 

Clause VI. In case of the removal of the President 
from office, or of his death, resignation, or inability to 
discharge the powers and duties of the said office, the 
same shall devolve on the Vice-President, and the Con¬ 
gress may by law provide for the case of removal, death, 
resignation, or inability both of the President and Vice- 
President, declaring what officer shall then act as Presi¬ 
dent, and such officer shall act accordingly, until the 
disability be removed, or a President shall be elected’^ 

455. When does the office of President devolve on the Vice- 
President ? 

In case of the removal of the President from office, or 
of his death, resignation, or inability to discharge the 
powers and duties of said office. 

456. In case of the removal, death, resignation, or inability of 
both President and Vice-President, what is to be done ? 

Congress may, by law, provide for such a case, declar¬ 
ing what officer shall then act as President. 

457. How long shall such officer act ? 

Until the disability shall be removed, or a President 
shall be elected. 

458. Repeat Clause VI. 

Clause VII. “ The President shall, at stated times, 
receive for his services, a compensation, ivhich shall neither 
be increased nor diminished during the period for which 
he shall have been elected, and he shall not receive within 
that period, any other emolument from the United States, 
or any of them.” 


68 CONSTITUTION OF THE UNITED STATES. 


459. Why should a compensation be granted to the President ? 

The expense of the office might otherwise exclude 

persons in moderate circumstances. 

460. Why should this compensation not be increased during the 
continuance of a President in office ? 

A corrupt President might abuse the patronage of his 
office, in order to get such increase of emolument. 

461. Why should the compensation not be diminished during 
the continuance of a President in office ? 

If Congress had the power of diminishing indefinitely 
the compensation of the President, it would go far to 
destroy his independence. • 

462. What other restriction is put upon the compensation of 
the President ? 

He shall not receive, within that period, any other 
emolument from the United States, or any of them. 

463. Kepeat Clause VII. 

Clauses VIII. and IX. ^‘Before he enter on the execu¬ 
tion of his office, he shall take the following oath or affirma¬ 
tion : ‘J do solemnly swear {or affirm), that I will faith¬ 
fully execute the office of President of the United States, 
and will, to the best of my ability, preserve, protect, and 
defend the Constitution of the United States.’ ” 

464. What must the President do before entering upon his office ? 

He must take an oath to perform faithfully the duties 

of his office. 

465. What are the words of this Oath ? 

Section H.— Powers of the President. 

Clause I. “ The President shall be commander-in- 
chief of the army and navy of the United States, and of 


POWERS OF THE PRESIDENT. 


69 


the militia of the several States, when called into the actual 
service of the United States; he may require the opinion, 
in writing, of the principal officer in each of the executive 
departments, upon any subject relating to the duties of 
their respective offices, and he shall have power to grant 
reprieves and pardons for offences against the United 
States, except in cases of impeachmeiit” 

66. What military and naval command does the President 
hold? 

He is Commander-in-chief of the Army and Navy of 
the United States, and of the Militia of the several 
States, when called into the actual service of the United 
States. 

467. Why should the command of the Army and Navy be in¬ 
trusted to the President, rather than to Congress ? 

Because military and naval operations require a degree 
of promptitude and unity which could not be obtained in 
a numerous body like Congress. 

468. What may the President require of the Heads of Depart¬ 
ments ? 

He may require their opinion in writing, upon any 
subject relating to the duties of their respective offices. 

469. Has the President any pardoning power? 

He has power to grant reprieves and pardons for of¬ 
fences against the United States, except in cases of im¬ 
peachment. 

470. In what manner is the pardoning power sometimes use¬ 
ful? 

It enables the Executive, by a promise of pardon to 
one criminal, to detect and punish others. 

471. In what case has the President no power of pardon ? 

In cases of impeachment. 

472. Kepeat Clause I. 


70 CONSTITUTION OF THE UNITED STATES. 


Clause II. “ He (the President) shall have power^ by 
and with the advice and consent of the Senate, to make 
treaties, provided two-thirds of the Senators present concur; 
and he shall nominate, and by and with the advice and con¬ 
sent of the Senate, shall appoint ambassadors, other public 
ministers, and consuls, judges of the Supreme Court, and all 
other officers of the United States, whose appointments are 
not herein otherwise provided for, and which shall be estab¬ 
lished by law: but the Congress may by law vest the ap¬ 
pointment of such inferior officers, as they think proper, 
in the President alone, in the courts of law, or in the heads 
of Departments.^' 

473. To what does the first part of this clause relate? 

- To the treaty-making power. 

474. By whom are Treaties made? 

By the President. 

475. How is the President limited in making a Treaty ? 

It must be by and with the advice and consent of the 
Senate. 

476. How large a vote of the Senate is necessary to confirm a 
Treaty ? 

Two-thirds of the Senators jiresent. 

477. To what does the next part of this clause relate ? 

The power of appointing officers. 

478. What officers are appointed by the President? 

Ambassadors; other public Ministers and Consuls; 

Judges of the Supreme Court; and all other officers of 
the United States, whose appointments are not herein 
otherwise provided for, and which shall be established by 
law. 

479. Wh£\,t limitation is put upon the appointing power of the 
President ? 

The appointments here named must be made by and 
with the advice and consent of the Senate. 


DUTIES OF THE PRESIDENT. 


71 


480. What provision is made in the Constitution, in regard to 
tlie appointment of inferior officers ? 

Congress may, by law, vest the appointment of such 
inferior officers as they think proper, in the President 
alone, in the Courts of Law, or in the Heads of Depart¬ 
ments. 

481. Is any provision made in the Constitution for the removal 
of persons from office ? 

There is not. 

482. To whom has the power of removal been given in practice ? 

To the President. 

483. Kepeat Clause II. 

Clause III. ^‘The President shall have power to Jill up 
all vacancies that may happen, during the recess of the 
Senate, hy granting commissions, which shall expire at the 
end of their next session.’^ 

484. What provision is made for vacancies that may liappen 
during the recess of the Senate ? 

The President has power to fill such vacancies. 

485. For how long a time do the commissions thus granted 
continue ? 

They expire at the end of the next session of the 
Senate. 

486. Why was it necessary to make some provision for tempo¬ 
rary appointments of this sort to fill vacancies ? 

As these vacancies are continually occurring, by death, 
resignation, or otherwise, the operations of the Govern¬ 
ment would be liable to serious embarrassments, unless 
fhe Senate was kept in perpetual session. 

Section III.—Duties of the President. 

“He shall, from time to time, give to the Congress 
information of the state of the Union, and recommend 


72 CONSTITUTION OF THE UNITED STATES. 


to their consideration such measures as he shall judge 
necessary and expedient; he may, on extraordinary occa¬ 
sions, convene both Houses, or either of them, and in case 
of disagreement between them, luith resjwct to the time 
of adjournment, he may adjourn them to such time as he 
shall think proper; he shall receive ambassadors and other 
public ministers; he shall take care that the laws be faith- 
fidly executed, and shall commission all the officers of the 
United States.” 

487. To what does the first part of this section relate? 

The Messages of the President to Congress. 

488. Is the duty of sending Messages to Congress optional with 
the President? 

It is not; it is obligatory. 

489. If this duty were not required of the President, what ob¬ 
jection might possibly be made to the practice ? 

It might be objected to, as an improper interference 
of the Executive with the Legislative Department. 

490. Why is it important that the President should communi¬ 
cate in this manner wdth Congress ? 

The Executive Department is necessarily better in¬ 
formed than any other Department, of the wants and 
resources of the nation, and of the other facts which 
form the appropriate basis for legislation. 

491. What is the President, in his Messages to Congress, required 
to do ? 

He is required to give information of the state of 
the Union, and to recommend to their consideration 
such measures, as he shall judge necessary and ex¬ 
pedient. 

492. What provision is made in regard to Extra Sessions of 
Congress ? 

The President may, on extraordinary occasions, con¬ 
vene both Houses, or either of them. 


DUTIES OF THE PRESIDENT. 


73 


493. What provision is made, in case of disagreement of the 
Jlouses, with respect to the time of adjournment? 

The President may adjourn them to such time as he 
shall think proper. 

494. To whom is given the power of receiving Ambassadors, 
and other public Minister;?? 

To the President. 

495. To what danger is the exercise of this power liable? 

In cases of revolution in foreign governments, or of a 
division of a foreign kingdom into two governments, the 
reception of an Ambassador or Minister from one govern¬ 
ment, might be construed by the other into an act of 
hostility. 

496. What general duty is required of the President in regard 
to the law’s of the United States? 

He shall take care that the laws be faithfully exe¬ 
cuted. 

497. What is the supreme law’ of the land ? 

The Constitution itself, and all treaties and laws made 
under it. 

498. What is the last duty required of the President? 

He is required to commission all the officers of the 
United States. 

499. Does this include those not appointed by him ? 

It does. 

500. What is the propriety of this provision? 

All officers of the United States should possess some 
proper voucher of their right to office. 

501. Kepeat Section III. 

7 





74 CONSTITUTION OF THE UNITED STATES. 


Section IV.—Impeachment of the President. 

^^The President, Vice-President, and all civil officers 
of the United States, shall he removed from office, on im¬ 
peachment for, and conviction of, treason, bribery, or other 
high crimes and misdemeanors.’’ 

502. Who are liable to impeachment ? 

The President, Vice-President, and all civil officers of 
the United States. 

503. Who are meant by officers of the United States? 

Officers deriving their aj)pointments from the National 

Government. 

504. Does this include Members of Congress ? 

It does not. 

505. What officers of the United States are there besides civil 
officers ? 

Military and Naval officers. 

506. Are the officers of tlie Army and Navy liable to impeach¬ 
ment ? 

They are not. 

507. Who are the persons chiefly meant, besides the President 
and Vice-President? 

Heads of Departments; Judges of the Supreme Court ; 
JMarslials, Collectors, District Attorneys, &c. 

508. For what offences are these officers liable to impeach¬ 
ment ? 

For treason, bribery, or other high crimes and misde- 
meajiors. 

509. What is the extent of the penalty in cases of impeach¬ 
ment? 

Removal from office, and disqualification to hold office 
in future. 

510. Repeat Section IV- 


UNITED STATES COURTS. 


75 


ARTICLE III. 

JUDICIAL DEPARTMENT. 

Section I.—United States Courts. 

*^The Judicial j^ower of the United States shall he 
vested in one Siqyreme Court, and in such inferior courts 
as the Congress may, from time to time, ordain and estab¬ 
lish. The judges, both of the Supreme aiid inferior courts, 
shall hold their offices during good behavior, and shall, 
at stated times, receive for their services a compensation, 
which shall not be diminished during their continuance 
in office.” 

511. Where is the Judicial power of the United States vested? 

Ill one Supreme Court, and such other courts as Con¬ 
gress may from time to time establish. 

512. Has the Government any discretion in regard to tlie estab¬ 
lishment of a Supreme Court ? 

It has not. The establishment of one Supreme Court 
is positively required. 

513. Why is a Supreme Court absolutely essential? 

To insure uniformity in the interpretation of the laws. 

514. What discretion has Congress in the matter? 

Congress has the poAver of deciding whether any infe¬ 
rior Courts shall be established. 

515. What are the inferior Courts, established by Congress, 
called? 

District Courts, and Circuit Courts. 

516. How many of these Courts have been established by Con¬ 
gress ? 

Forty-two District Courts, and nine Circuit Courts. 


76 CONSTITUTION OF THE UNITED STATES. 


517. How are the Judges of all the United States Courts ap¬ 
pointed ? 

By the President, by and with the advice and consent 
of the Senate. 

518. What is their tenure of office? 

During good behavior. 

519. Why is this considered better than appointing them for a 
term of years? 

It makes them more independent in their decisions. 

520. What provision is made in regard to their compensation ? 
They shall at stated times receive for their services, a 

compensation, which shall not be diminished during their 
continuance in office. 

521. Why is Congress not allowed to diminish a Judge’s salary 
during his continuance in office? 

Such a power would enable Congress to overawe the 
Judges. 

522. Are the Judges entirely irresponsible ? 

They may be impeached for misconduct. 

523. Repeat Section 1. 


Section II.—Jurisdiction of the United States 
Courts. 

Clause I. ‘‘The Judicial power shall extend to all 
cases, in law and equity, arising under this Constitution, 
the laws of the United States, and treaties made, or ivhich 
shall he made, under their authority; to all cases affect¬ 
ing ambassadors, other public ministers, and consuls; to 
all cases of admiralty and maritime jurisdiction; to co)i- 
troversies to which the United States shall be a party; to 
controversies between two or more States, between a State 
and citizens of another State, between citizens of different 


JURISDICTION OF THE UNITED STATES COURTS, 77 


States, between citizens of the same State, claiming lands 
under grants of different States, and between a State, or 
the citizens thereof, and foreign States, citizens, or sub¬ 
jects” 

524. To what does this clause relate ? 

To the extent of the jurisdiction of the United States 
Courts. 

525. Are the cases over which they exercise jurisdiction numer¬ 
ous ? 

They are. 

526. What is the first class of cases which may be brought 
before them ? 

Cases arising under the Constitution and Laws of the 
United States, and Treaties made by them. 

527. Why should the United States Courts have the power of 
judging in all such cases? 

Because the Judicial power should always be co-exten- 
sive with the Legislative and Executive powers. 

528. What is the second class of cases which may be brought 
before the United States Courts ? 

Cases affecting Ambassadors, other public Ministers, 
and Consuls. 

529. To what laws are foreign ministers amenable ? 

To the law of nations, and the laws of the State from 
which they are sent. 

530. Why are public ministers not subject to the particular laws 
of the State or Nation to which they are sent? 

Because they are the immediate representatives of the 
national sovereignty, which owes no subjection to foreign 
States. 

531. Why should the National Courts alone have jurisdiction 
in cases relating to foreign ministers? 

Because such cases always involve questions of national 
interest. 

7* 


78 CONSTITUTION OF THE UNITED STATES. 


532. What is the third class of cases which may be brought 
before the United States Courts ? 

Cases of admiralty and maritime jurisdiction. 

533. In what two ways may these cases arise ? 

They may arise either out of acts done at sea, or out 
of rights claimed under the laws of commerce. 

534. Why should acts-done at sea be tried solely by the National 
Courts ? 

Because such acts involve questions of international 
law. 

535. Why should rights claimed under the laws of commerce 
be tried solely by the National Courts ? 

Because the regulation of commerce is given exclu¬ 
sively to the General Government. 

536. What is the fourth class of cases which may come before 
United States Courts ? 

Controversies to which the United States shall be a 
party. 

537. What would be the consequence of not allowing the General 
Government to sue in its own courts? 

The United States would be compelled to sue for their 
rights through the State tribunals, and consequently 
become subject to State jurisdiction. 

538. What is the fifth class of cases which may come before the 
United States Courts ? 

All cases in which the parties belong to different States, 
or claim under laws of different States. 

539. Enumerate in order the controversies which may arise from 
this cause. 

1. Between two or more States. 2. Between a State, 
and citizens of another State. 3. Between citizens of 
different States. • 4. Between citizens of the same State, 
claiming lands under grants of different States. 5. Be¬ 
tween a State or its citizens, and foreign States, citizens 
Dr subjects. 


JURISDICTION OF THE UNITED STATES COURTS. 79 

540. Why should these controversies be decided by the ational 
Courts, and not by the State Courts ? 

Because the several States would naturally be inclined 
to favor themselves, and their own citizens. 

541. What would be the consequence of not having some com¬ 
mon and impartial umpire to decide such cases ? 

Dissensions among the States, and collisions with for¬ 
eign States. 

542. When is a State a party in a suit ? 

Only when it is named as such on the record. 

543. Can a suit be brought against a State by a private citizen ? 

It could, as the Constitution was at first. An amend¬ 
ment was afterwards adopted, to prevent this. 

Amendment, Article XI. 

^‘The judicial power of the United States shall not be 
construed to extend to any suit in law or equity, com¬ 
menced or prosecuted against one of the United States by 
citizens of another State, or by citizens or subjects of any 
foreign State.” 

544. Why was this amendment adopted ? 

Because it w^as thought derogatory to State sovereignty 
to allow a State to be sued by a private citizen. 

Clause II. “In all cases affecting ambassadors, other 
public ministers, and consuls, and those in which a State 
shall be a party, the Supreme Court shall have original 
jurisdiction. In all the other cases before mentioned, the 
Supreme Court shall have appellate jurisdiction, both as 
to law and fact, with such exceptions, and under such 
regidations, as the Congress shall make.” 

545. To what does this clause relate ? 

To the jurisdiction of the Supreme Court. 


80 CONSTITUTION OF THE UNITED STATES. 


546. What two kinds of jurisdiction has the Supreme Court? 

Original and Appellate. 

547. What is original ^uriadiction? 

The right to decide a case which has been before no 
lower Court previously. 

548. What is appellate jurisdiction ? 

The right to decide a case which is brought up by ap¬ 
peal from a lower Court. 

549. In what cases only may the Supreme Court have original 
jurisdiction ? 

In all cases affecting ambassadors, other public minis¬ 
ters, and consuls, and those in which a State shall be a 
party. 

550. What is the character of its jurisdiction in all the other 
cases to which the judicial power of the United States extend ? 

In all the other cases before mentioned, the Supreme 
Court shall have appellate jurisdiction, both as to law 
and fact, with such exceptions, and under such regula¬ 
tions as the Congress shall make. 

551. Kepeat Clause II. 

Clause III. “ The trial of all crimes, except in cases 
of impeachment, shall be by jury; and such trial shall 
be held in the State where the said crimes shall have been 
committed; but when not committed within any State, the 
trial shall be at such place, or places, as the Congress 
may by law have directed.” 

552. To what does the first part of this clause relate ? 

The mode of trial. 

553. What mode of trying crimes is required ? 

Trial by jury. 

554. What is the only exception to this rule ? 

The case of impeachment. 


TREASON. 


81 


555. How has the right of trial by jury ever been regarded in 
this country ? 

As the greatest safeguard for personal liberty. 

556. To what does the latter part of the clause relate ? 

The place of trial. 

557. Where shall the trial of crimes be held ? 

In the State Avhere said crimes shall have been com¬ 
mitted. 

558. What is the object of this provision ? 

To prevent the accused from being subjected to unnec¬ 
essary expense and difficulty in procuring testimony, and 
to secure to him all the advantage of being tried where 
the facts are most likely to be known. 

559. Where are crimes to be tried which are committed at sea, 
or not within the jurisdiction of any State? 

At such place, or places, as Congress may by law have 
directed. 

560. Eepeat Clause HI. 

Section III.—Treason. 

Clause I. “ TrecLson against the United Stairs shall 
consist only in levying war against them, or in adhering 
to their enemies, giving them aid and comfort. No 
person shall he corivicted of treason, unless on the testi¬ 
mony of two witnesses to the same overt act, or on con¬ 
fession in open court.” 

561. What does the first part of this clause contain? 

A definition of treason. 

562. In what does treason against the United States consist ? 

In levying war against them, or in adhering to their 

enemies, giving them aid and comfort. 

F 


82 CONSTITUTION OF THE UNITED STATES. 


563. Why was it thought necessary so particularly to define 
this crime ? 

Because, in times of political excitement, acts of a 
much less heinous character have often been exaggerated 
and construed into the crime of treason. 

564. To what does the latter part of this clause relate ? 

The proof of treason. 

565. What is necessary to convict a person of treason ? 

The testimony of two witnesses to the same overt act, 
or confession in open court. 

566. Why is the testimony of two witnesses thought necessary ? 

To protect the accused party against misrepresenta¬ 
tion. 

567. Why is there more danger of misrepresentation in tliis, 
than in other crimes ? 

Because the charge of treason is generally made by 
interested partisans, and in times of great political ex¬ 
citement. 

568. Why is it required that confession of treason, in order to 
be valid proof of guilt, should be made in open court ? 

To protect the accused party against being ruined by 
hasty and unguarded expressions, and against being in¬ 
correctly reported. 

569. How is treason to be regarded ? 

As the worst crime against society that can be com¬ 
mitted. 

570. Kepeat Clause I. 

Clause II. “ The Congress shall have power to declare 
the punishment of treason, but no attainder of treason 
shall ivork corruption of blood, or forfeiture, except during 
the life of the person attainted ’^ 

571. To what does this clause relate? 

The punishment of treason. 


STATE RECORDS. 


83 


• 572. What provision is made in regard to the punishment of 
treason ? 

It is left to Congress to declare what shall be the pun¬ 
ishment of treason. 

573. What is the punishment of treason, by the common la\y 
of England? 

The traitor is to be taken to the gallows on a hurdle, 
hung by the neck, cut down alive, his entrails taken out 
and burned while he is yet alive*, his head cut off, and 
his body quartered; beside the forfeiture of his estate and 
the corruption of his blood. 

574. What has Congress declared to be the punishment for 
treason against the United States? 

Death by hanging. 

575. How is Congress limited in declaring the punishment of 
treason ? 

No attainder of treason shall work corruption of blood, 
or forfeiture, except during the life of the person attainted. 

576. What is meant by an attainder of treason? 

Conviction of the crime of treason, 

577. What is meant by corruption of blood ? 

One, whose blood is corrupted, cannot inherit property 
from others, nor transmit an inheritance to his children; 
his blood ceases to have any inheritable qualities. 

578. How far may Congress declare an estate forfeited? 

Only during the life of the traitor. 

579. Repeat Clause II. 

-- 

ARTICLE IV. 

Section I.—State Records. 

“ Full faith and credit shall he given in each State to 
the public acts, records, and judicial proceedings of every 
other State. And - the Congress may, by general laws, 


84 CONSTITUTION OF THE UNITED STATES. 


prescribe the manner in which such acts, records, and 
proceedings shall be proved and the effect thei'eoff^ 

580. How shall the public acts, records, and judicial proceedings 
of one State be regarded ? 

Full faith and credit shall be given to them in every 
other State. 

581. To whom is it left to prescribe the manner in which such 
acts, records, and proceedings, shall be proved ? 

To Congress. 

582. What else may Congress prescribe ? 

The effect of such acts, records, and proceedings. 

583. What would be the consequence of not having some pro¬ 
vision of this sort ? 

When a legal investigation and decision had been made 
in one State, it might be necessary to repeat the same in 
every State to which the parties should go. 

584. Repeat Section I. 


Section II.— Privileges of Citizens, etc. 

Clause I. “ The citizens of each State shall be entitled 
to all privileges and immunities of citizens in the several 
States.’^ 

585. What is the object of this provision ? 

To prevent the States from giving unjust preferences to 
their own citizens. 

586. What is the effect of such preferences ? 

Alienation and discontents. 

587. Repeat Clause I. 

Clause II. A person charged in any State with trea¬ 
son, felony, or other crime, who shall flee from justice, and 
be found in another State, shall, on demand of the execu- 


STATE RECORDS. 


85 


live authority of the State from which he fled, be delivered 
up, to he removed to the State having jurisdiction of the 
crime.” 

588. To what does this clause relate ? 

To the restoration of fugitive criminals. 

589. If a person, charged in any State with treason, felony, or 
other crime, flee from justice, and be found in another State, who 
has the right to claim him ? 

The Executive authority of the State from which he 
may have fled. 

, 590. What shall be done in such a case ? 

He shall be delivered up, to be removed to the State 
having jurisdiction of the crime. 

591. Kepeat Clause II. 

Clause III. “N'o person held to service or labor in one 
State, under the laws thereof, escaping into another, shall, 
in consequence of any law or regulation therein, he dis¬ 
charged from such service or labor, hid shall he delivered 
up on claim of the party to whom such service or labor may 
he due” 

592. To what does this clause relate ? 

To the restoration of persons held to service or labor. 

593. If a person held to service or labor in one State, under 
the laws thereof, escape into another, can such other State, by 
any law or regulation, discharge said person from his service or 
labor ? 

It cannot. 

594. What shall be done in such a case ? 

The person shall be delivered up, on the claim of the 
party to whom such service or labor may be due. 

595. Kepeat Clause III. 

8 


86 CONSTITUTION OF THE UNITED STATES. 


Section III.—NewStates and Territories. 

Clause I. “iVew States may be admitted by the Con¬ 
gress into this Union; but no new State shall be formed^ 
or erected, within the jurisdiction of any other State; nor 
any State be formed, by the junction of two or more States, 
or parts of States, without the consent of the legislatures 
of the States concerned, as well as of the Congress.” 

596. To what does this clause relate ? 

The admission of new States into the Union. 

597. What Department of Government has the power of ad¬ 
mitting new States into the Union ? 

Congress. 

598. In what two cases is this power denied to Congress ? 

When a new State is to be formed within the jurisdic¬ 
tion of any other State, or by the junction of two or 
more States, or parts of States. 

599. What is necessary in such a case ? 

The consent of the States concerned, as well as of 
Congress. 

600. Kepeat Clause I. 

Clause II. “ The Congress shall have power to dispose 
of and make all needful rules and regulations respecting 
the territory, or other property, belonging to the United 
States; and nothing in this Constitution shall be so con¬ 
strued as to prejudice any claims of the United States, or 
of any particular State.” 

601. To what does this clause relate ? 

To the government of the Territories of the United 
States. 

602. What power is given to Congress in this respect ? 

Congress shall have power to dispose of, and make aU 


GUARANTEE TO THE STATES. 


87 


needful rules and regulations respecting the territory, or 
other property, belonging to the United States. 

603. What limitation is put upon this power of Congress over 
the Territories? 

Nothing in this Constitution shall be so construed as to 
prejudice any claims of the United States, or of any par¬ 
ticular State. 

604. What was the cause of inserting this limitation ? 

At the time of the adoption of the Constitution, there 
were in the Western Territory certain contested titles, 
which, however, have since been settled. 

605. Kepeat Clause II. 

Section IV.— Guarantee to the States. 

^^The United States shall guaranty to every State in 
this Union a republican fon'm of government, and shall 
protect each of them against invasion; and, on applica¬ 
tion of the legislature, or of the executive {when the legis¬ 
lature cannot be convened), against domestic violence.^' 

606. What shall the United States guaranty to every State in 
this Union ? 

A republican form of government. 

607. What would be the consequence of one State adopting a 
monarchical form of government ? 

It might endanger the liberties of the other States. 

608. For whom is this guarantee principally intended ? 

For the people of each State, to secure them against 
the anti-republican machinations of demagogues. 

609. What do the United States further undertake ? 

To protect each of the States against invasion. 

610. What is the last thing, mentioned in this clause, which the 
United States undertake ? 

To protect each of the States against domestic violence. 


88 CONSTITUTION OF THE UNITED STATES. 

611. To what does this relate? 

To the case of domestic insurrections or riots. 

612. What is necessary, in such a case, to obtain the assistance 
of the United States ? 

An application of the Legislature of the State, or, if 
they cannot be convened, of the Executive. 

613. Kepeat Section IV. 

ARTICLE V. 

POWER OF AMENDMENT. 

“ The Congress^ whenever two-thirds of both Houses 
shall deem it necessary, shall propose amendments to this 
Constitution, or, on the application of the legislatures of 
two-thirds of the several States, shall call a convention 
for proposing amendments, which, in either case, shall he 
valid to all intents and purposes, as part of this Constitu- 
tion, when ratified by the legislatures of three-fourths of 
the several States, or by conventions in three-fourths 
thereof, as the one or the other mode of ratification may 
be proposed by the Congress; Provided, that no amend¬ 
ment, which may he made prior to the year one thousand 
eight hundred and eight, shall, in any manner, affect the 
first and fourth clauses in the ninth section of the first 
article; and that no State, without its consent, shall be 
deprived of its equal suffrage in the Senate.^’ 

614. For what does this article provide ? 

The mode of making amendments to the Constitution. 

615. Why was it thought necessary to provide for amending 
the Constitution ? 

The Constitution of the United States was an experi¬ 
ment in the history of nations, and its practical operation 
could not with certainty be foreseen. 


POWER OF AMENDMENT. 


89 


616. What would be the consequence of having a fixed Con¬ 
stitution, without any peaceable means of amendment ? 

In case any of its provisions worked badly, they would 
either be silently neglected, or the Constitution itself 
broken up by a revolution. 

617. What should be guarded against in providing for amend¬ 
ments ? 

The mode of making an amendment should not be so 
easy as to lead to changes without serious cause or proper 
deliberation. 

618. In what two ways may amendments be proposed ? 

By Congress, or by a Convention called for the purpose. 

619. When may Congress by itself propose amendments ? 

Whenever two-thirds of both Houses deem it necessary. 

620. When shall Congress call a Convention for proposing 
amendments ? 

On application of the Legislatures of two-thirds of the 
several States. 

621. When an amendment has been proposed by Congress, or 
by a Convention, in how many ways may it be ratified ? 

In two ways. 

622. What is the first mode of ratifying a proposed amendment ? 

By the State Legislatures. 

623. What is the other mode ? 

By Conventions in the States, called for the purpose. 

624. What proportion of the States must, in one of these ways, 
ratify an amendment before it can be adopted ? 

Three-fourths. 

625. How is the mode of ratification in any particular case 
determined ? 

By Congress. 

626. What is the effect of an amendment when thus proposed 
and ratified ? 

It shall be valid, to all intents and purposes, as a part 
gf the Constitution. 

8 * 


90 CONSTITUTION OF THE UNITED STATES. 


627. What temporary limitation was made to the power of 
amendment ? 

No amendment, which might be made prior to 1808, 
should, in any manner, affect the first and fourth Clauses, 
in the Ninth Section of Article I. 

628. To what does the first of these clauses relate ? 

To the importation of slaves. 

629. To what does the other clause relate ? 

To the apportionment of taxes. 

630. What j.^inanent limitation was made to the power of 
amendment ? 

No State, without its consent, shall be deprived of its 
equal suffrage in the Senate. 

631 How many amendments to the Constitution have already 
been ^ roposed and ratified ? 

Fifteen. 

632. Kepeat Article V 

ARTICLE VI. 

PUBLIC DEBT, SUPREMACY OF THE 
CONSTITUTION, OATH OF OFFICE, 
RELIGIOUS TEST. 

Clause I. ^^All debts contracted, and engagements 
entered into, before the adoption of this Constitution, 
shall be as valid against the United States, under this 
Constitidion, as under the Confederation” 

633. To what does this clause relate ? 

To the assumption by the United States of the debts 
contracted under the Confederation. 

634. What is the acknowledged law of nations on this subject ? 

The obligation of a national debt continues, notwith¬ 
standing any changes in its form of government. 


PUBLIC DEBT, ETC 91 

635. Why was it deemed advisable, in adopting the Constitution, 
to make a formal declaration on the subject? 

To allay any apprehensions of the public creditors. 

636. Repeat Clause I. 

Clause II. “This Constitution, and the laws of the 
United States which shall be made in pursuance thereof, 
and all treaties made, or which shall he made, under the 
authority of the United States, shall he the supreme laiv 
of the land; and the judges in every State shall he bound 
thereby, anything in the Constitution or laws of any State 
to the contrary notwithstanding” 

637. W^hat is declared in regard to the Constitution, and the 
Laws and Treaties made under it by the United States ? 

They are declared to be the supreme law of the land. 

638. What provision is made in the latter part of the clause to 
secure this supremacy ? 

The Judges in every State are bound by them, any¬ 
thing in the Constitution or laws of any State to the con¬ 
trary notwithstanding. 

639. Repeat Clause II. 

Clause III. “The Senators and Representatives before 
mentioned, and the members of the several State legisla¬ 
tures, and all executive and judicial officers, both of the 
United States, and of the several States, shall be hound, 
by oath or affirmation, to support this Constitution; but 
no religious test shall ever he required as a qualification 
to any office or public trust under the United States.” 

640. Who are required to bind themselves by oath or affirma¬ 
tion to support the Constitution of the United States ? 

The Senators and Representatives, the members of 
the several State Legislatures, and all Executive and Ju¬ 
dicial officers, both of the United States and of the several 
States. 


92 CONSTITUTION OF THE UNITED STATES. 


641. Why are the legislators and officers of the several States 
required to bind themselves to support the Constitution of the 
United States ? 

Because the State Governments have a necessary and 
important agency in carrying the Constitution of the 
United States into effect. 

642. Give an example in which the action of the State Govern¬ 
ments is necessary to the operations of the National Government. 

The election of United States Senators depends, in all 
cases, upon the action of the State Legislatures. 

643. What prohibition is made in regard to religious tests ? 

No religious test shall ever be required as a qualifica¬ 
tion to any office or public trust under the United States. 

Article VII. 

RATIFICATION OF THE CONSTITUTION. 

^‘The ratification of the Conventions of nine States 
shall he sufficient for the establishment of this Constitution 
between the States so ratifying the same.” 

644. What was necessary for the establishment of the Consti¬ 
tution ? 

Its ratification by nine of the States. 

645. Would its ratification by only nine States have made it 
obligatory upon the four other States ? 

It would not. 

646. On whom would it have been obligatory in such a case ? 

Only upon the States so ratifying it. 

647. By how many of the States was it at first ratified ? 

By eleven. 

648. Which of the States did not adopt the Constitution till 
after it had gone into operation ? 

Rhode Island and North Carolina. 



Amendments 

TO THE CONSTITUTION. 


- oo'^oo - 

Note. The first Twelve Amendments were adopted in a body, immediately 
after the Constitution went into effect. The first ten were in the nature of a 
supplement, or Bill of Rights; the eleventh and twelfth were alterations. 


Article I.—Freedom of Religion, etc. 

Congress shall make no law respecting an establish¬ 
ment of religion, or prohibiting the free exercise thereof, 
or abridging the freedom of speech, or of the press; or the 
right of the people peaceably to assemble, and to petition 
the government for a redress of grievances.'^ 

655. What is the first prohibition upon Congress in reference 
to the subject of religion ? 

Congress shall make no law respecting an establishment 
of religion. 

656. What other restriction is put upon Congress in regard to 
religion ? 

It shall make no law prohibiting the free exercise 
thereof 

657. How is Congress restricted in regard to the freedom of 
speech, and of the press ? 

It shall make no law abridging the same. 


93 










94 AMENDMENTS TO THE CONSTITUTION. 


658. How is Congress restricted in regard to the right of peti¬ 
tion ? 

It shall make no law abridging the right of the people 
peaceably to assemble, and to petition the Government 
for a redress of grievances. 

Article II.—Right to bear Arms. 

“J. well regulated militia being necessary to the seeunty 
of a free State, the right of the people to keep a7id bear 
arms shall not be infringed’’ 

659. What is here declared of a well regulated militia ? 

It is declared to be necessary to the security of a free 
State. 

660. What are some of the obvious advantages of maintaining 
the militia? 

A certain amount of military organization among the 
people, and a large quantity of arms always in their hands. 

Article III.—Quartering Soldiers on Citizens. 

“ No soldier shall, in time of peace, be quartered in any 
house, without the consent of the owner; nor, in time of 
war, but in a manner to be prescribed by law.” 

661. From what did this provision originate? 

From the custom which has often prevailed in times of 
violence, of billeting soldiers upon private citizens, with¬ 
out regard to the rights or the convenience of the latter. 

Article IV.—Search Warrants. 

“T/ie right of the people to be secure in their persons, 
houses, papers, and effects, against unreasonable searches 
and seizures, shall not be violated; and no warrants 
shall issue, but upon probable cause, supported by oath or 
affirmation, and partieulaydy describing the place to be 
searched, arid the perso7is or things to be seized.” 


AMENDMENTS TO THE CONSTITUTION. 


95 


662. What right is it declared in this article shall not be 
violated ? 

The right of the people to be secure in their persons, 
houses, papers, and effects, against unreasonable searches 
and seizures. 

663. What is the only condition upon which warrants can issue ? 

No warrants shall issue, but upon probable cause, 

supported by oath or affirmation, and particularly de¬ 
scribing the place to be searched, and the person or things 
to be seized. 

Article V.—Trial for Crime, etc. 

“iVb person shall he held to answer for a capital or 
otherwise infamous crime, unless on a presentment or in¬ 
dictment of a grand jury, except in cases arising in the 
land or naval forces, or in the militia, when in actual 
service, in time of war, or public danger; nor shall any 
person he subject, for the same offence, to he twice put in 
jeopardy of life or limb; nor shall he compelled in any 
criminal case, to he a witness against himself, nor he de¬ 
prived of life, liberty, or property, ivithoid due process of 
law; nor shall private property he taken for public use, 
without just compensation.'” 

664. What process is necessary before a person can be held to 
answer for a capital, or otherwise infamous crime ? 

A presentment or indictment of a Grand Jury. 

665. What class of crime is exempt from this mode of proceed¬ 
ing? 

Cases arising in the land or naval forces. 

666. How are such cases always tried ? 

By Courts-Martial. 

667. When are offences in tlie militia tried by Court-Martial ? 

Only when in actual service, in time of war or public 

danger. 


96 AMENDMENTS TO THE CONSTITUTION, 


668. Can a person who has been once tried for a crime, be 
tried a second time for the same offence ? 

A person convicted of a crime may be tried a second 
time for it; one who has been acquitted cannot. 

669. Can a person be obliged to testify against himself? 

No person shall be compelled, in any criminal case, to 
be a witness against himself. 

670. What is the next provision? 

No person shall be deprived of life, liberty, or property, 
without due process of law. 

671. What is the last provision ? 

Nor shall private property be taken for public use 
without just compensation. 

Article VI.— Rights of Accused Persons. 

“Ai all criminal prosecutions, the accused shall enjoy the 
right to a speedy and public trial, by an impartial jury of 
the State and district wherein the crime shall have been 
committed, which district shall have been jweviously ascer¬ 
tained by law, and to be informed of the natw'e and cause 
of the accusation; to be confronted ivith the witnesses 
against him; to have compidsory process for obtaining 
witnesses in his favor; and to have the assistance of counsel 
for his defencey 

672. In all criminal prosecutions, what right shall the accused 
enjoy ? 

The right to a speedy and a public trial. 

673. By whom shall the accused be tried? 

By an impartial jury of the State and district wherein 
the crime shall have been committed. 

674. What provision is made in regard to the district in which 
he shall be tried ? 

It must be in some district previously ascertained by 
law. 


AMENDMENTS TO THE CONSTITUTION. 97 


675. Of what has the accused the right to be informed? 

Of the nature and cause of the accusation. 

676. What right has he in regard to the witnesses against him? 

The right to be confronted with them. 

677. What right is secured in regard to testimony and counsel ? 

The right to have compulsory process for obtaining 

witnesses in his favor, and to have the assistance of coun¬ 
sel for his defence. 

Article VII.—Suits at Common Law. 

suits at common law, where the value in controversy 
^hall exceed twenty dollars, the right of trial by jury shall 
be preserved; and no fact, tried by a jury, shall be other- 
wise re-examined in any court of the United States^ than 
according to the rules of the common law.” 

Article VIII.—Excessive Bail. 

Excessive bail shall not be required, nor excessive fines 
imposed, nor cruel arid unusual punishment inflicted.” 

Article IX.—Reserved Rights. 

“ The enumeration in the Constitution of certain rights 
shall not be construed to deny or disparage others retained 
by the people.” 

Article X.—Reserved Powers. 

“TAe powers not granted to the United States by the 
Constitution, nor prohibited by it to the States, are reserved 
to the States respectively, or to the people.” 

Article XI. being an amendment limiting in a certain case the 
jurisdiction of the Judiciary, was treated of under that head, page 
79. 

Article XII. being an amendment in regard to the mode of 
electing President and Vice-President, was treated of under thj 
head of the Executive Department, p. 59. 

9 G 


98 AMENDMENTS TO THE CONSTITUTION. 

Article XIII.—Abolition of Slavery. 

Section 1. Neither slavery nor involuntary servitude^ 
except as a punishment for crime, whereof the party shall 
have been duly convicted, shall exist within the United 
States or any place subject to their jurisdiction. 

Section 2. “Congress shall have power to enforce this 
article by appropriate legislation.^’ (Adopted in 1865.) 

Article XIV.—Right of Citizenship. 

Section 1. “All persons born or naturalized in the 
United States, and subject to the jurisdiction thereof, are 
dtize^is of the United States and of the State wherein they 
reside. No State shall make or enforce any law which shall 
abridge the privileges or immunities of citizens of the 
United States; nor shall any State deprive any person of 
life, liberty, or property without due proems of law, nor 
deny to any person within its jurisdiction the equal protec¬ 
tion of the laws. 

Section 2. “Representatives shall be apportioned among 
the several States according to their re^ective numbers, 
counting the whole number of persons in each State, ex¬ 
cluding Indians not taxed. But when the right to vote 
at any election for the choice of Electors for President anU 
Vice-President of the United States, Representatives in 
Congress, the executive and judicial officers of a State, or 
the members of the Legislature thereof, is denied to any 
of the male inhabitants of such State, being twenty-one 
years of age, and citizens of the United States, or in any 
way abridged, except for participation in rebellion or other 
crime, the basis of representation therein shall be reduced 
in the proportion which the number of such male citizens 
shall bear to the whole number of 'inale citizens, twenty-one 
years of age, in such State. 


AMENDMENTS TO THE CONSTITUTION 99 


Section 3. “ No person shall he a Senator or Represen- 
tative in Congress, or Elector of President and Vice-Presi¬ 
dent, or hold any office, civil or military, under the United 
States, or under any State, who, having previously taken 
an oath as a 7nemher of Congress, or as an offiicer of the 
United States, or as a member of any State Legislature, 
or as an executive or judicial officer of any State, to support 
the Constitution of the United States, shall have engaged 
in insurrection or rebellion against the same, or given aid 
or comfort to the enemies thereof But Congress may, by 
a vote of two-thirds of each House, remove such disability. 

Section 4. “ The validity of the public debt of the United 
States, authorized by law, including debts incurred for 
payment of pensions, and bounties for services in sup¬ 
pressing insurrection or rebellion, shall not be questioned. 
But neither the United States nor any State shall assume 
or pay any debt or obligation incurred in aid of insurrec¬ 
tion or rebellion against the United States, or any claim 
for the loss or emancipation of any slave, but all such 
debts, obligations, and claims shall be held illegal and 
void. 

Section 5. ^Hongress shall have power to enforce, by 
appropriate legislation, the provisions of this articled 
(Adopted in 1868.) 

Article XV.—Right of Suffrage. 

Section 1. ^^The right of citizens of the United States to 
vote shall not be denied or abridged by the United States, 
or by any State, on account of race, color, or previous 
condition of servitude. 

Section 2. Congress shall have power to enforce this 
article by ap>propriate legislation.'^ (Adopted in 1870.) 



MODEL TEXT-BOOKS. 




CHASE & STUART'S CLASSICAL SERIES. 

COMPRISING 

First Year in Latin, 

A Latin Grmmnar, 

A Latin Reader, 

CcesaFs Commentaries, 

First Six Boohs of Mneid, 

YirgiVs Mneid, 

VirgiVs Eclogues and Georgies, 
Cicei'o’s Select Orations, 
Horace's Odes, Satires, and Epistles-, 

Sallust's Catiline et Jugurtha, 

Cicero He Senectute, et de Amicitia, 
Cornelius Kepos, 

Cicero's Select Letters, Cicero de Ofliciis, 

Cicero's Tusculan Disputations, 

Cicero de Oratore, Juvenal, 

Terence, ■ Tacitus, 

Ovid, Pliny, Livy. 




m 





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ENGLISH LANGUAGE. 

By JOHN S. HART, LL.D., 

Late Professor of Rhetoric and of the English Language in the 
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For children. By Edwin J. Houston, A. M. 

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gladden the hearts of teachers and pupils. It is concise, com¬ 
prehensive, up to the times, and in every respect an ideal text-hook. 

Great care has been taken to avoid the mistake, common to 
most books of its class, of crowding both text and maps with a 
mass of technical detail which simply confuse and bewilder 
the pupil. As a working text-book for class-room use, Houston’s 
New Physical Geography stands to-day at the head of the list of 
similar works, and is practically without a peer. 

Christian Ethics; or. The Science of the Life ol 
Human Duty. 

A New Text-Book on Moral Science. By Rev. D. S. Gregory, 
D. D., Late President of Lake Forest University, Illinois. 

Practical Logic; or. The Art of Thinking. 

By Rev. D. S. Gregory, D, D. 

Groesbeck’s Practical Book-Keeping Series. 

By Prof. John Groesbeck, Late Priu. of the Crittenden Com¬ 
mercial College. In Two Volumes—viz.: 

College Edition, for Commercial Schools, Colleges, etc. 
School Edition, for Schools and Academies. 

An Elementary Algebra. 

A Text-Book for Schools and Academies. By Joseph W. Wil¬ 
son, A. M., Late Professor of Mathematics in the Philadelphia 
Central High School. 

The Crittenden Commercial Arithmetic and 
Business Manual. 

Designed for the use of Teachers, Business Men, Academies, 
High Schools, and Commercial Colleges. By Professor John 
Groesbeck, Late Priu. of Crittenden Commercial College. 

A Manual of Elocution and Reading. 

Founded on Philosophy’- of the Human Voice. By Edward 
Brooks, Ph.D., Late Priu. of State Normal School, Millers- 
ville, Pa. 

3 














The Government of the People of the United 
United States. 

By Fkancis Newton Thorpe, Professor of Constitutional His¬ 
tory in the University of Pennsylvania. 

“ If we were asked to name one book that was a fitting repre¬ 
sentative of the modern American text-book, we should name 
Thorpe’s Civics.” 

American Literature. 

A Text-Book for High Schools, Academies, Normal Schools, 
Colleges, etc. By A. H. Smyth, Prof, of Literature, Central High 
School, Philadelphia. 

The Normal English Grammar. 

By Geo. L. Maris, A. M., Principal of Friends’ Central High 
School, Philadelphia. 

Intended for use in Normal Schools, High Schools, Acad¬ 
emies, and the higher grade of schools generally. It is not a 
book for pupils beginning the study of English grammar. 

The Model Uefiner. 

A Book for Beginners, containing Definitions, Etymology, and 
Sentences as Models, exhibiting the correct use of Words. By 
A. C. Webb. 

The Mo<lel Etymology. 

Containing Definitions, Etymology, Latin Derivatives, Sen¬ 
tences as Models, and Analysis. With a Key containing the 
Analysis of every word which could present any diificulties to 
the learner. By A. C. Webb. 

A Manual of Etymology. 

Containing Definitions, Etymology, Latin Derivatives, Greek 
Derivatives, Sentences as Models, and Analysis. With a Key 
containing the Analysis of every word which could present any 
difiSculties to the learner. By A. C. Webb. 

I First Lessons in Physiology and Hygiene. 

With special reference to the Efiects of Alcohol, Tobacco, etc. 
By Charles K. Mills, M. D. 

First Lessons in Natural Philosophy. 

j For Beginners. By Joseph C. Martindale, M. D. 

A Hand-Book of Literature, I English 
A Short Course in Literature, J American. 

By E. J. Trimble, Late Professor of Literature, State Normal 
School, West Chester, Pa. 

Short Studies in Literature, English and American. 

By A. P. Southwick, A. M. 

4 



















A'■'Hand-Book of l>lytliology. ^ ‘ 

By S. A. Edwards, Teacher of Mythology in the^Sms’ N<^mal 
School, Philadelphia. ' 


3000 Practice Words. 


'T/7 
C 


By J. Willis Westlake, A. M., Late Professor in State Normal 
School, Millersville, Pa. Contains lists of Familiar Words often 
Misspelled, Difficult Words, Homophonous Words, Words often 
Confounded, Eules for Spelling, etc. 


i III tlie School-Room ; 


Or,. Chapters in the Philosophy of Education. Gives 
the experience of nearly forty years spent in school-room work. 
By John S. Hart, LL.D. 


i Our Bodies. 

By Charles K. Mills, M. D., and A. H. Leuf, M. D. A series 
of five charts for teaching Anatomy, Physiology, and Hygiene, 
and showing the Effects of Alcohol on the Human Body. 

The Model Pocket-Register and Grade-Book. 

A Roll-Book, Record, and Grade-Book combined. Adapted to 
all grades of Classes, whether in College, Academy, Seminary, 
High or Primary School. 

The Model School Diary. 

Designed as an aid in securing the co-operation of parents. It 
j consists of a Record of the Attendance, Deportment, Recita¬ 
tions, etc., of the Scholar for every day. At the clo.se of the 
week it is to be sent to the parent or guardian for examination 
and signature. 


The Model Monthly Report. 

Similar to the Model School Diary, excepting that it is intended 
for a Monthly instead of a Weekly report of the Attendance, 
Recitations, etc. of the pupil. 

The Model Roll-Book, No. 1. 

The Model Roll-Book, No. 2. 

The Model Roll-Book, No. 1, is so ruled as to show at a 
glance the record of a class for three months, allowing five 
weeks to each month, with spacing for weekly, monthly, and 
quarterly summary, and a blank space for remarks at the end 
of the quarter. 

The Model Roll-Book, No. 2, is arranged on the same 
general plan, as regards spacing, etc., excepting that each page 
is arranged for a month of five weeks; but, in addition, the 
names of the studies generally pursued in schools are printed 
immediately following the name of the pupil, making it more 



















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